DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2020/2722)

DOWNER EDI WORKS PTY LTD TASMANIAN OPERATIONS ENTERPRISE AGREEMENT 2019

Asphalt industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 OCTOBER 2020

Application for approval of the Downer EDI Works Pty Ltd Tasmanian Operations Enterprise Agreement 2019.

[1] Downer EDI Works Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Tasmanian Operations Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 October 2020 and, in accordance with s 54, will operate from 20 October 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Works Pty Ltd sought approval of the Tasmanian Operations Enterprise Agreement 2019. The applicant, a civil infrastructure and construction company, entered into the agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU represents employees of Downer EDI Works Pty Ltd who are involved in the construction of infrastructure projects in Tasmania. The dispute centred on the validity and fairness of the terms contained within the agreement, which were to govern the employment conditions of the unionised workforce.

The Commission had to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it contained the minimum terms and conditions mandated by the Act, and whether it was fair and reasonable in all its terms. The Commission also needed to consider whether the agreement was genuinely negotiated and whether it provided for a genuine enterprise agreement. Furthermore, the fairness of the agreement needed to be assessed in the context of its provisions and the nature of the industry and the workforce it covered.

The Commission concluded that the agreement was made in good faith and that it contained all the minimum terms and conditions required by the Act. The Commission found that the agreement was genuinely negotiated and that it provided for a genuine enterprise agreement. The terms of the agreement were considered to be fair and reasonable in all their respects. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or that undermined the existing industrial relations framework. The Commission approved the agreement, finding it to be compliant with the requirements of the Act. The applicant's application was therefore successful.

Downer EDI Works Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established