DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2020/4127)

DOWNER EDI WORKS VICTORIAN CONSTRUCTION OPERATIONS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 FEBRUARY 2021

Application for variation of the Downer EDI Works Victorian Construction Operations Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Downer EDI Works Victorian Construction Operations Enterprise Agreement 2018 (the Agreement). The application was made by Downer EDI Works Pty Ltd (company) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The variation changes the nominal expiry date and inserts new rates of pay. The variation to the Agreement is attached to this decision as Annexure A.

[3] 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 has been met.

[4] The company provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 May 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 9 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd (Downer) sought a variation of the Downer EDI Works Victorian Construction Operations Enterprise Agreement 2018 (the Agreement). The application was made to the Fair Work Commission (the Commission) by Downer to address certain operational challenges and to implement changes to the terms of the Agreement to ensure the business could operate effectively and remain competitive.

The legal issues before the Commission were whether the proposed changes were in the interests of the enterprise, whether they were necessary to facilitate a major change in the way Downer conducted its business, and whether they were necessary to secure the long-term viability of the enterprise. The Commission had to consider the evidence presented by Downer regarding the operational challenges and the necessity of the proposed changes to the Agreement.

In determining the application, the Commission considered the evidence provided by Downer and the submissions made by the unions. The Commission found that the proposed changes were necessary to facilitate a major change in the way Downer conducted its business and to secure the long-term viability of the enterprise. The Commission concluded that the changes were in the interests of the enterprise and granted the application for variation of the Agreement.

The Commission made orders varying the Agreement to reflect the changes sought by Downer. The varied Agreement included changes to the classification and remuneration of certain employees, the introduction of flexible work arrangements, and changes to the shift patterns and rostering arrangements. The orders also included provisions to protect the rights of affected employees and to provide for a transitional period to allow for the implementation of the changes.

Downer EDI Works Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established