DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2019/2899)

DOWNER NSW & QLD STABILISING AND MAINTENANCE ENTERPRISE AGREEMENT 2019 - 2022

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 AUGUST 2019

Application for approval of the Downer NSW & QLD Stabilising and Maintenance Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Downer NSW & QLD Stabilising and Maintenance Enterprise Agreement 2019 - 2022 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 August 2019 and, in accordance with s.54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 15 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Downer EDI Works Pty Ltd, the Fair Work Commission was asked to approve a proposed enterprise agreement between the employer and its employees. The agreement sought to establish terms and conditions of employment for the period from 2019 to 2022. The parties involved in the dispute were Downer EDI Works Pty Ltd and various trade unions representing the employees.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections that mandate the agreement to be in the best interests of the employees, to be free from coercion and undue influence, and to provide for the fair resolution of workplace issues. The unions argued that certain provisions of the agreement did not adequately protect employee rights and interests, while the employer maintained that the agreement was fair and reasonable.

The Commission conducted a detailed examination of the agreement, considering the submissions from both the employer and the unions. It found that while the agreement provided for a number of employee protections, certain provisions did not adequately safeguard the rights of employees. However, the Commission also noted that the agreement contained provisions that were beneficial to the employees and that, overall, the agreement was in the best interests of the employees. Based on this assessment, the Commission approved the agreement, subject to certain modifications to address the identified concerns.

The Fair Work Commission approved the Downer NSW & QLD Stabilising and Maintenance Enterprise Agreement 2019 - 2022, with modifications to specific provisions to better protect the rights of employees. The employer and the unions were directed to implement the modified agreement within the specified timeframe.

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