Downer EDI Works Pty Ltd Summary

[2014] FWCA 2920

FAIR WORK COMMISSION

DECISION

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

Downer EDI Works Pty Ltd
(AG2014/551)

DOWNER EDI WORKS PTY LTD NCIG CET FLYOVER CONSTRUCTION PROJECT ENTERPRISE AGREEMENT 2014 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 6 MAY 2014

Application for approval of the Downer EDI Works Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as Downer EDI Works Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016 (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 applicant). The Agreement is a greenfields 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 has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has given notice under s.183 of the Act that it wishes 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 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied for the approval of the Downer EDI Works Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016, which was to cover the period from 1 January 2014 to 30 June 2016. The Australian Building and Construction Commission (ABCC) opposed the application, arguing that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was the body that heard the application and had to decide whether to approve the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary minimum terms and conditions required by the Act and if it was fair and reasonable for the employees covered by it. The Commission also considered whether the agreement had been made in good faith and if it had been properly negotiated.

In reaching its decision, the Commission examined the content of the proposed agreement and the process through which it was negotiated. The Commission noted that the agreement included the minimum terms and conditions prescribed by the Fair Work Act. It also found that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the employer. The Commission was satisfied that the agreement had been made in good faith and had been properly negotiated, as evidenced by the submissions and the process followed. Consequently, the Commission approved the Downer EDI Works Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016.

The Fair Work Commission approved the Downer EDI Works Pty Ltd NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016. The approval was effective from 1 January 2014 to 30 June 2016. The ABCC's opposition to the application was dismissed.

Downer EDI Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established