Downer EDI Works Pty Ltd

[2022] FWCA 800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2022/350)

DOWNER SOUTH COAST AREA ENTERPRISE AGREEMENT 2021

Asphalt industry
COMMISSIONER P RYAN	SYDNEY, 7 MARCH 2022

Application for approval of the Downer South Coast Area EnterpriseAgreement 2021

Downer EDI Works Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the Downer South Coast Area Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining representative

The Australian Workers Union (the AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2022. The nominal expiry date of the Agreement is 7 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied to the Fair Work Commission for approval of the Downer South Coast Area Enterprise Agreement 2021. The applicant is a company involved in infrastructure, construction, and engineering services. The dispute centred on the fairness and compliance of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for its employees. The Commission was tasked with assessing the agreement's compliance with the Fair Work Act 2009.

The legal issues the Commission had to resolve included whether the proposed agreement met the statutory requirements under the Fair Work Act, such as being in writing, free from prohibited content, and meeting the procedural fairness standards. Additionally, the Commission needed to determine if the agreement provided for minimum entitlements, such as minimum wages and conditions, and if the agreement had been genuinely negotiated. The Commission also considered the views and submissions of various stakeholders, including the employees and the applicant.

The Commission found that the proposed agreement was compliant with the Fair Work Act. It concluded that the agreement had been genuinely negotiated, as evidenced by the consultation process and the submissions received. The Commission was satisfied that the agreement provided for minimum entitlements and was free from any prohibited content. The procedural fairness was upheld as the Commission found that the process allowed for meaningful consultation and the opportunity for stakeholders to provide input. Consequently, the Commission approved the Downer South Coast Area Enterprise Agreement 2021.

The Fair Work Commission approved the Downer South Coast Area Enterprise Agreement 2021, confirming that it met all the statutory requirements under the Fair Work Act. The Commission found that the agreement was genuinely negotiated, provided for minimum entitlements, and was free from any prohibited content. This decision sets a precedent for future enterprise agreements in similar industries, emphasising the importance of genuine negotiation and compliance with statutory obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established