DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2015/2773)

DOWNER COUNTRY VICTORIA BUSINESS ENTERPRISE AGREEMENT 2015

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 28 MAY 2015

Application for approval of the Downer Country Victoria Business Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Downer Country Victoria Business Enterprise Agreement 2015 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Works Pty Ltd sought approval for the Downer Country Victoria Business Enterprise Agreement 2015. The application was made under section 235 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees within the Downer Country Victoria business, and the implications of the proposed enterprise agreement on those terms.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act, particularly concerning the protection of employee interests and the process through which the agreement was negotiated. The Commission had to determine if the agreement provided adequate protection for employee entitlements, if the negotiation process was fair and in good faith, and if the agreement was appropriate for the circumstances of the employees.

The Fair Work Commission found that the proposed agreement did not adequately protect employee entitlements in certain areas, particularly regarding pay and conditions for certain classifications of workers. The Commission also noted that there were procedural shortcomings in the negotiation process, which did not meet the standards of good faith and fairness. Consequently, the application for approval was rejected. The Commission emphasised the importance of ensuring that enterprise agreements provide fair and equitable terms for employees and that the negotiation process is conducted appropriately.

The final order of the Commission was that the application for approval of the Downer Country Victoria Business Enterprise Agreement 2015 was dismissed. The Commission's decision underscores the necessity for enterprise agreements to be negotiated fairly and to provide adequate protection for employee rights.

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