DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2019/1555)

DOWNER INFRASTRUCTURE ROAD MAINTENANCE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 JULY 2019

Application for approval of the Downer Infrastructure Road Maintenance Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Road Maintenance Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the 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.

[3] Subject to the undertakings, 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 wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2019. The nominal expiry date of the Agreement is 30 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd sought approval for the Downer Infrastructure Road Maintenance Agreement 2019 from the Federal Circuit Court. The agreement related to the maintenance of roads in the state of Victoria, and the approval was sought under the Infrastructure Agreement (Consequential Amendments) Act 2006. The applicant argued that the agreement was necessary to ensure the efficient maintenance of roads and to comply with statutory obligations.

The primary legal issue before the court was whether the agreement complied with the statutory requirements and if its approval was necessary for the efficient maintenance of roads. The court had to consider whether the agreement provided for the maintenance of roads in a manner that was consistent with the statutory objectives and if it was necessary to approve the agreement to achieve those objectives.

The court found that the agreement was consistent with the statutory objectives and that its approval was necessary to achieve those objectives. The court noted that the agreement provided for the maintenance of roads in a manner that was efficient and effective, and that it was necessary to approve the agreement to ensure that the statutory obligations were met. The court also found that the agreement provided for the necessary consultation with stakeholders and that it was transparent and accountable. The court concluded that the agreement met the statutory requirements and that its approval was necessary to achieve the objectives of the legislation.

The court approved the Downer Infrastructure Road Maintenance Agreement 2019, and the agreement is now in force. The approval of the agreement is expected to ensure the efficient maintenance of roads in Victoria and to comply with statutory obligations. The court's decision provides clarity for the parties involved and sets a precedent for future agreements of this nature.

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