Downer EDI Works Pty Ltd

[2022] FWCA 1413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2022/793)

Downer EDI Works WA Stabilising Operations Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 27 APRIL 2022

Application for approval of the Downer EDI Works WA Stabilising Operations Enterprise Agreements 2022

An application has been made for approval of an enterprise agreement known as the Downer EDI Works WA Stabilising Operations Enterprise Agreements 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Works Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2022. The nominal expiry date of the Agreement is 4 May 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Downer EDI Works Pty Ltd for the approval of the Downer EDI Works WA Stabilising Operations Enterprise Agreements 2022. The applicants sought to establish a new enterprise agreement which would govern the employment conditions of their employees in Western Australia. The primary concern was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues centred around whether the proposed agreement provided for fair and reasonable terms and conditions, as mandated by the Act. This included assessing whether the agreement was free from coercion, undue influence, and whether it had been genuinely negotiated between the parties. Additionally, the court needed to determine if the agreement complied with the "better off overall test" (BOOT) to ensure that employees would not be worse off financially by the terms of the agreement compared to their previous conditions.

The Fair Work Commission examined the evidence presented by the parties, including the negotiation process and the terms of the proposed agreement. The Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and that it passed the better off overall test. As a result, the Commission approved the Downer EDI Works WA Stabilising Operations Enterprise Agreements 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established