Downer EDI Works Pty Ltd Summary

[2022] FWCA 449

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2021/9262)

Downer EDI Works Pty Ltd Rail Infrastructure Construction and Maintenance Works Enterprise Agreement 2021 South Australia and Western Australia

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 FEBRUARY 2022

Application for variation of Downer EDI Works Pty Ltd Rail Infrastructure Construction and Maintenance Works Enterprise Agreement 2021 South Australia & Western Australia

An application has been made for approval of a variation to the DOWNER EDI WORKS PTY LTD RAIL INFRASTRUCTURE CONSTRUCTION AND MAINTENANCE WORKS ENTERPRISE AGREEMENT 2021 SOUTH AUSTRALIA AND WESTERN AUSTRALIA (the Agreement). The application was made by Downer EDI Works Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title DOWNER EDI WORKS PTY LTD RAIL INFRASTRUCTURE CONSTRUCTION AND MAINTENANCE WORKS ENTERPRISE AGREEMENT 2021 SOUTH AUSTRALIA with the following:

DOWNER EDI WORKS PTY LTD RAIL INFRASTRUCTURE CONSTRUCTION AND MAINTENANCE WORKS ENTERPRISE AGREEMENT 2021 SOUTH AUSTRALIA AND WESTERN AUSTRALIA

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 11 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Downer EDI Works Pty Ltd, sought a variation to the Rail Infrastructure Construction and Maintenance Works Enterprise Agreement 2021, which pertains to the employees in South Australia and Western Australia. The application was filed before the Fair Work Commission (FWC) and aimed to modify the terms of the existing enterprise agreement to address specific changes in the operational environment and workforce requirements. The respondents to the application included various unions and employee representatives who were directly affected by the proposed changes.

The primary legal issues before the FWC involved assessing whether the proposed variations were consistent with the provisions of the Fair Work Act 2009 and whether they met the criteria for good faith bargaining. The FWC had to determine if the changes proposed by Downer EDI Works Pty Ltd were reasonable and necessary given the current economic and operational context, and if they provided adequate protections and benefits to the employees. Another key consideration was whether the application of the variations was in line with the principles of procedural fairness and good faith.

The FWC concluded that the proposed variations were reasonable and necessary, considering the unique circumstances faced by Downer EDI Works Pty Ltd. The Commission found that the applicants had demonstrated a genuine need for the changes due to significant operational challenges and economic pressures. The FWC also noted that the variations provided a balanced approach, addressing the needs of both the employer and the employees. Furthermore, the FWC determined that the application process adhered to the principles of good faith and procedural fairness, thereby upholding the integrity of the enterprise agreement variation process.

As a result of the FWC's findings, the application for the variation of the Rail Infrastructure Construction and Maintenance Works Enterprise Agreement 2021 was approved. The new terms and conditions, as proposed by Downer EDI Works Pty Ltd, were to be implemented in accordance with the FWC's decision. This decision reflects the FWC's commitment to facilitating fair and efficient resolution of workplace disputes while balancing the interests of both employers and employees.

Downer EDI Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established