DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2016/1657)

DOWNER EDI WORKS PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Downer EDI Works Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Ichthys Onshore Construction Enterprise Agreement (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 Agreement was approved on 5 August 2016 and, in accordance with s.54, will operate from 12 August 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Works Pty Ltd applied for the approval of the Downer EDI Works Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The applicant argued that the agreement contained terms that were in the best interests of the employees, as it provided for fair and reasonable terms of employment, and it was made in accordance with the relevant legislative framework. The respondents contested the application, asserting that certain terms of the agreement were not in the best interests of the employees and that the process leading to the agreement was flawed.

The legal issues before the court centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement was made in good faith, and whether the terms of the agreement were fair and reasonable. The court also needed to determine if the process leading to the agreement was fair and whether the agreement met the best interests of the employees.

The Fair Work Commission found that the agreement met the statutory requirements under the Fair Work Act 2009. The commission was satisfied that the agreement was made in good faith and that the terms of the agreement were fair and reasonable. The commission also found that the process leading to the agreement was fair and that the agreement met the best interests of the employees. The court approved the Downer EDI Works Pty Ltd Ichthys Onshore Construction 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