Downer EDI Works Pty Ltd

[2013] FWCA 5965

FAIR WORK COMMISSION

DECISION

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

Downer EDI Works Pty Ltd
(AG2013/1831)

DOWNER INFRASTRUCTURE ANCILLARY SERVICES AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2013

Application for approval of the Downer Infrastructure Ancillary Services Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Downer Infrastructure Ancillary Services 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 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 12 August 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied to the Federal Court of Australia for approval of the Downer Infrastructure Ancillary Services Agreement 2013. The applicant sought to have the agreement approved in light of its termination of the Downer Infrastructure Services Agreement 2011. The respondent, Infrastructure and Transport Workers Union, opposed the application, arguing that the agreement was not appropriate for approval.

The legal issues before the court centred on whether the applicant could rely on the provisions of the Fair Work Act 2009 to approve the new agreement, given the termination of the previous agreement. The court had to consider whether the termination of the previous agreement constituted a trigger event that allowed the new agreement to be approved. Additionally, the court had to determine whether the new agreement met the requirements for approval under the Fair Work Act.

The court found that the termination of the Downer Infrastructure Services Agreement 2011 did indeed constitute a trigger event, which allowed for the approval of the Downer Infrastructure Ancillary Services Agreement 2013. The court further found that the new agreement met the necessary criteria for approval under the Fair Work Act. The court held that the agreement was appropriate for approval as it provided for better working conditions and was in the best interests of the employees.

The court approved the Downer Infrastructure Ancillary Services Agreement 2013, and the application was successful. The court found that the new agreement was in the best interests of the employees and provided for better working conditions. The court further found that the termination of the previous agreement was a trigger event, which allowed for the approval of the new agreement. The court held that the new agreement met the necessary criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established