DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2020/3037)

DOWNER EDI WORKS PTY LTD RAIL (WA) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 2 NOVEMBER 2020

Application for approval of the Downer EDI Works Pty Ltd Rail (WA) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Rail (WA) Enterprise Agreement 2020 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2020. The nominal expiry date of the Agreement is 1 November 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd recently appeared before the Fair Work Commission (FWC) in an application for the approval of the Downer EDI Works Pty Ltd Rail (WA) Enterprise Agreement 2020. The applicant, a company engaged in rail infrastructure works, sought to have the enterprise agreement registered with the Fair Work Commission, which would give it legal force and effect. The application was contested by the Rail, Tram and Bus Union (RTBU), who argued that the agreement did not meet certain statutory criteria for approval.

The primary legal issue before the FWC was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the RTBU contended that the agreement did not adequately address certain matters, including pay equity and procedural fairness provisions. The FWC needed to determine whether the agreement provided for a fair and efficient method of resolving disputes and if it included adequate provisions for the protection of employees' rights and interests.

In its decision, the FWC carefully considered the arguments presented by both parties. The Commission found that while the agreement contained certain deficiencies, it did not fundamentally undermine its overall fairness and effectiveness. The FWC noted that the agreement provided for a robust dispute resolution process and contained provisions that adequately protected employees' rights. As such, the FWC approved the enterprise agreement, subject to certain modifications to address the concerns raised by the RTBU. The modifications included the incorporation of specific pay equity measures and enhanced procedural fairness provisions.

The FWC's decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements for approval. While the FWC recognised the need for some modifications to the agreement, it ultimately found that the overall fairness and effectiveness of the agreement were not significantly compromised. The approval of the enterprise agreement provides certainty and stability for both the applicant and its employees, ensuring that they are governed by a legally binding and fair set of terms and conditions.

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