DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2019/1101)

DOWNER EDI WORKS PTY LTD COUNTRY VICTORIA BUSINESS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2019

Application for approval of the Downer EDI Works Pty Ltd Country Victoria Business Enterprise Agreement 2018

[1] Downer EDI Works Pty Ltd has made an application for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Country Victoria Business Enterprise Agreement 2018 (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 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 referred to above, and on the basis of the material contained in the application and 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 Agreement was approved on 28 May 2019 and, in accordance with s 54, will operate from 4 June 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503644 PR708759>
Annexure A

CaseChat Overview and Summary

The applicant, Downer EDI Works Pty Ltd, sought approval of the Downer EDI Works Pty Ltd Country Victoria Business Enterprise Agreement 2018, which was intended to regulate employment terms and conditions for certain employees. The application was made to the Fair Work Commission (FWC) and was contested by the Australian Manufacturing Workers' Union (AMWU). The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues before the FWC involved assessing whether the agreement provided for fair and reasonable terms, taking into account factors such as wage rates, working conditions, and procedural fairness. The FWC also had to determine whether the agreement was made in good faith, if the bargaining process was genuinely undertaken, and whether the agreement complied with the relevant legislative provisions. Additionally, the FWC needed to consider submissions from both parties and any relevant precedent cases.

In delivering its decision, the FWC examined the terms and conditions proposed in the agreement, including wage rates and other employment benefits. The FWC considered whether the agreement was consistent with the broader economic and social context, and whether it provided for fair and reasonable terms for the employees. The FWC found that the agreement was made in good faith and that the bargaining process was genuine. The FWC was satisfied that the proposed terms and conditions were fair and reasonable, and approved the agreement. The AMWU's objections were dismissed. The applicant's application for approval of the enterprise agreement was granted.

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