DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2020/3958)

DOWNER HUME ACT / CFMEU AGREEMENT 2020 - 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 JANUARY 2021

Application for approval of the Downer Hume ACT / CFMEU Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Downer Hume ACT / CFMEU Agreement 2020 - 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.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 12 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Downer EDI Works Pty Ltd recently presented an application to the Fair Work Commission, seeking approval of the Downer Hume ACT/CFMEUAgreeement 2020–2022. The Applicant, Downer EDI Works Pty Ltd, is a construction company involved in various infrastructure projects across Australia. The agreement in question is a collective agreement between Downer Hume, an entity associated with Downer EDI, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEUA). The dispute concerns whether the agreement meets the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for a certified agreement, including whether it met the standards for good faith bargaining, contained appropriate provisions for employee rights and obligations, and adhered to the procedures set out in the Act. The Commission had to determine if the agreement was made in good faith, contained fair and reasonable terms, and was certified by the Commission as meeting the criteria for a protected action industrial agreement. The Commission also considered whether the agreement adequately addressed the terms and conditions of employment for the employees covered by the agreement.

In reaching its decision, the Commission examined the evidence provided by both parties and the content of the agreement itself. It considered the process by which the agreement was negotiated and whether it reflected a genuine attempt to reach an agreement through good faith bargaining. The Commission assessed whether the terms of the agreement were fair and reasonable, taking into account the economic and social context in which the agreement was made. After careful consideration, the Commission found that the agreement met all the necessary criteria for approval. It was satisfied that the agreement was made in good faith, contained fair and reasonable terms, and complied with the procedural requirements of the Act.

The Fair Work Commission approved the Downer Hume ACT/CFMEUAgreeement 2020–2022, certifying it as a protected action industrial agreement. This decision ensures that the agreement will govern the employment terms and conditions of the employees covered by the agreement for the specified period. The approval of the agreement by the Commission provides certainty and stability for both the employer and the employees, ensuring that the agreement is legally binding and enforceable under the Fair Work Act.

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