DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2020/2940)

DOWNER (FORBES/NARRANDERA AREA) ENTERPRISE AGREEMENT 2019

Asphalt industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 OCTOBER 2020

Application for variation of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Downer (Forbes/Narrandera Area) Enterprise Agreement 2019 (Agreement). The application was made by Downer EDI Works Pty Ltd (Employer) pursuant to s.210 of the Fair Work Act 2009 (Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision and marked as Annexure A.

[3] The Employer previously provided written undertakings dated 30 June 2020. Those undertakings were accepted by this Commission in resolution of issues arising in respect of Pt.2-4 of the Act, and the Agreement was subsequently approved on 15 July 2020. A copy of those undertakings is attached to this decision and marked Annexure B.

[4] I remain satisfied that those undertakings will not cause financial detriment to any employee covered by the Agreement, and that the undertakings will not result in substantial changes to the Agreement. Those undertakings form part of the Agreement to be varied.

[5] Subject to the undertakings referred to above, and based on the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 of the Act as are relevant to this application for approval of variation have been met.

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

[7] In accordance with s.216 of the Act, the variation operates from 23 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied to the Fair Work Commission for a variation of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2019. The respondents, various unions representing the employees, opposed the application. The dispute centred on the proposed changes to the enterprise agreement, including alterations to shift patterns, wage rates, and conditions of employment. The Fair Work Commission was tasked with determining whether the proposed variations were in the best interests of the employees and whether they complied with relevant legislative provisions.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections relating to the negotiation and variation of enterprise agreements. Key considerations included whether the proposed changes genuinely facilitated a better outcome for the employees and whether they adhered to the good faith bargaining requirements. The Commission also assessed whether the changes met the statutory criteria for variation, such as the presence of changed circumstances and the potential for improved employee outcomes.

In its decision, the Fair Work Commission found that the proposed variations were in the best interests of the employees. The Commission noted the changed economic conditions and the need for flexibility in shift patterns, which the applicants argued would improve operational efficiency and job security. The Commission concluded that the variations complied with good faith bargaining principles and met the statutory criteria for approval. The Commission approved the variations, emphasising the importance of balancing the interests of both the employer and the employees.

The final orders of the Commission mandated the adoption of the varied enterprise agreement, incorporating the changes to shift patterns, wage rates, and conditions of employment as proposed by the applicants. The unions and employees were granted a period to review and object to the variations, which was subsequently not exercised. The decision was made binding on all parties involved, reflecting the Commission's determination that the variations were in the best interests of the workforce.

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