Downer EDI Works Pty Ltd

[2014] FWCA 4702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Works Pty Ltd
(AG2014/1205)

DOWNER (SOUTH COAST AREA) & AWU AGREEMENT 2013

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the Downer (South Coast Area) & AWU Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer (South Coast Area) & AWU Agreement 2013 (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 (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Australian Worker’s Union(the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

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CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied for approval of the Downer (South Coast Area) & AWU Agreement 2013. The application was heard by the Fair Work Commission, which was required to consider whether the agreement met the requirements for approval under the Fair Work Act 2009. The agreement was intended to apply to employees who were members of the Australian Workers' Union and covered terms and conditions of employment, including wages and leave entitlements.

The primary legal issue for the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly section 231, which sets out the criteria for the approval of enterprise agreements. The Commission needed to ensure that the agreement had been made in good faith, that it contained the correct matters for negotiation, and that it was free from any illegality or unfairness. Additionally, the Commission had to consider whether the agreement met the 'better off overall test' and whether it included appropriate dispute resolution provisions.

The Commission found that the agreement met all the necessary criteria for approval. It determined that the agreement had been made in good faith and included the correct matters for negotiation. The Commission also concluded that the agreement was free from any illegality or unfairness and satisfied the 'better off overall test'. Furthermore, the agreement contained appropriate provisions for the resolution of disputes. Consequently, the Commission approved the Downer (South Coast Area) & AWU Agreement 2013.

The Fair Work Commission approved the Downer (South Coast Area) & AWU Agreement 2013, finding it met all legal requirements under the Fair Work Act. The agreement was deemed to be made in good faith, included correct negotiation matters, and satisfied the 'better off overall test'. The Commission also noted that the agreement was free from any illegality or unfairness and contained appropriate dispute resolution provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established