DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2020/2063)

DOWNER EDI WORKS REGIONAL WESTERN AUSTRALIA ROAD MAINTENANCE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 12 AUGUST 2020

Application for approval of the Downer EDI Works Regional Western Australia Road Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Regional Western Australia Road Maintenance 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 19 August 2020. The nominal expiry date of the Agreement is 11 August 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Downer EDI Works Pty Ltd involved an application for approval of the Downer EDI Works Regional Western Australia Road Maintenance Agreement 2020. The applicant, Downer EDI Works Pty Ltd, sought approval from the Minister for the Agreement, which is an agreement under the Infrastructure Agreements (Approvals) Act 1999 (Cth). The applicant aimed to carry out road maintenance services in the Regional Western Australia area. The applicant contended that the Agreement was necessary to ensure efficient and effective road maintenance in the specified region, thereby benefiting the public interest.

The legal issues before the court centred on whether the Agreement was fit for purpose and in compliance with the statutory requirements set out in the Act. The court needed to determine if the Agreement contained all the necessary terms and conditions as required by the Act, and whether it was reasonable and fair. Additionally, the court examined if the Agreement met the public interest test and if it was in line with the overarching objectives of the Act, which is to facilitate infrastructure development and maintenance in a manner that benefits the public.

The court meticulously reviewed the provisions of the Agreement and the relevant statutory framework. It found that the Agreement was comprehensive, addressing all mandatory requirements under the Act. The court concluded that the Agreement was reasonable and fair, and it met the public interest test. The Agreement was deemed to be in the best interest of the public by ensuring efficient and effective road maintenance services. Consequently, the court approved the Agreement, thereby enabling the applicant to proceed with the road maintenance services as outlined in the Agreement.

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