Downer EDI Works Pty Ltd

[2014] FWCA 2312

The document has been edited to correct an error in the title of the Agreement by inserting the year 2014.

Wendy Burgess

Relief Associate

Dated 8 April 2014

[2014] FWCA 2312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2014/676)

DOWNER EDI WORKS QUEENSLAND ENTERPRISE AGREEMENT 2014

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 8 APRIL 2014

Application for approval of the Downer EDI Works (Queensland) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works (Queensland) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

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

[4] The Transport Workers’ Union and the Australian Workers’ Union, being bargaining representative for the Agreement, have 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 organisations.

[5] The Agreement is approved and will operate from 15 April 2014. The nominal expiry date of the Agreement is 1 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Works Pty Ltd, sought approval for the Downer EDI Works (Queensland) Enterprise Agreement 2014 from the Fair Work Commission. The nature of the dispute centred around the terms and conditions set forth in the agreement, particularly in relation to the classification of employees and the remuneration and benefits provided. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to manage and enforce workplace relations.

The primary legal issues before the Commission involved whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to determine if the agreement appropriately classified employees, whether it provided for fair and reasonable remuneration and conditions, and if it adhered to the procedural requirements for approving such agreements. Additionally, the Commission needed to consider if the agreement was consistent with the principles of contemporary enterprise bargaining.

In delivering its decision, the Fair Work Commission found that the proposed agreement substantially complied with the statutory requirements. The Commission was satisfied that the agreement provided for fair and reasonable remuneration and conditions, and that it adhered to the necessary procedural requirements. The Commission also determined that the classification of employees and the terms regarding remuneration and benefits were appropriate. As a result, the Fair Work Commission approved the Downer EDI Works (Queensland) Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established