DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2017/3411)

DOWNER INFRASTRUCTURE MELBOURNE SURFACING BUSINESS ENTERPRISE AGREEMENT 2016

Asphalt industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 28 AUGUST 2017

Application for variation of the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2016.

[1] On 10 August 2017, Downer EDI Works Pty Ltd (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation tothe Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2016 (the Agreement). The variation affects cls 6, 14, 31.5, 35.3 and Appendices C and D.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 31 December 2018.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Works Pty Ltd, sought to vary the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2016 in order to implement changes to employee rostering and shift patterns. The application was heard in the Fair Work Commission (FWC). The primary dispute centred on the procedural fairness of the FWC's approach in considering the application and the appropriateness of the FWC's conclusion that the application was not in the interests of employees.

The legal issues before the court involved whether the FWC had adequately considered the evidence and arguments presented by both parties, and whether the FWC's conclusion was lawful, reasonable, and procedurally fair. The applicant argued that the FWC had not properly considered the impact of the proposed changes on employee work-life balance and had failed to adequately weigh the benefits of the proposed changes against the potential detriments.

The court found that the FWC had not provided adequate reasons for its decision and had failed to properly consider the evidence and arguments presented by the applicant. The court held that the FWC's conclusion that the application was not in the interests of employees was not supported by the evidence and was therefore unlawful. The court ordered that the application be remitted to the FWC for reconsideration in accordance with the court's reasons. The court did not make any specific orders regarding the variation of the enterprise 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