DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2017/4094)

DOWNER INFRASTRUCTURE (HUME/ACT) & CFMEU AGREEMENT 2017

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 27 SEPTEMBER 2017

Application for approval of the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017 (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] The Applicant 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 Construction, Forestry, Mining and Energy 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 September 2017 and, in accordance with s.54, will operate from 4 October 2017. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd was involved in an application before the Fair Work Commission for approval of the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017. The dispute centred on the proposed industrial agreement between Downer EDI Works and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which sought to regulate terms and conditions of employment for workers within the Hume and ACT regions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues for the Commission to address involved assessing whether the agreement provided fair and reasonable terms for the employees, and whether it complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to ensure that the agreement was consistent with the national minimum standards, did not discriminate unfairly, and did not adversely affect the terms of employment of any individual employee. Additionally, the Commission examined whether the agreement was genuinely bargained between the parties and whether it adequately represented the interests of the employees.

The Commission meticulously reviewed the provisions of the proposed agreement, considering various aspects such as wage rates, work hours, leave entitlements, and dispute resolution mechanisms. It concluded that the agreement was fair and reasonable, met the necessary statutory requirements, and appropriately represented the interests of the employees. The Commission found that the agreement provided terms and conditions that were not less favourable than the national minimum standards and did not unfairly discriminate against any group of employees. Consequently, the Commission approved the agreement, finding that it was genuinely negotiated and represented the interests of the employees effectively.

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