DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2020/3946)

DOWNER TERALBA OPERATIONS AWU AGREEMENT 2020

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JANUARY 2021

Application for approval of the Downer Teralba Operations AWU Agreement 2020.

[1] Downer EDI Works Pty Ltd has made an application for approval of an enterprise agreement known as the Downer Teralba Operations AWU Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 January 2021 and, in accordance with s 54, will operate from 18 January 2021. The nominal expiry date of the Agreement is 1 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, a company involved in the construction and engineering sector, applied to the Fair Work Commission for approval of the Downer Teralba Operations AWU Agreement 2020. The application centred around the proposed industrial agreement between Downer EDI Works and the Australian Workers' Union. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and met the necessary standards for approval.

The court had to address several legal issues, including whether the agreement provided for minimum terms and conditions of employment as required by the Fair Work Act, whether the agreement was made in good faith, and whether it was consistent with the principles of the Act. The court also needed to consider if the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with any relevant awards or agreements that were in force at the time.

The Fair Work Commission carefully reviewed the terms of the Downer Teralba Operations AWU Agreement 2020 and found that it complied with the statutory requirements set out in the Fair Work Act. The Commission concluded that the agreement was made in good faith, met the necessary standards, and appropriately balanced the interests of both parties. The Commission approved the agreement, emphasising the importance of fair and effective industrial agreements in maintaining harmonious workplace relations.

The Commission's decision was communicated to the parties, and the Downer Teralba Operations AWU Agreement 2020 was formally approved. This outcome ensures that the terms and conditions of employment for the workers involved are legally sound and fair, providing clarity and stability for both Downer EDI Works and the Australian Workers' Union.

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