Downer EDI Works Pty Ltd

[2013] FWCA 5738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2013/2003)

DOWNER INFRASTRUCURE RAIL DIVISION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 AUGUST 2013

Application for approval of the Downer Infrastructure Rail Division Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Rail Division Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Works Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union - National Office, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 August 2013. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Downer EDI Works Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The respondents, various unions and individual employees, opposed the application on several grounds. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The legal issues before the Commission centred around whether the agreement was in the best interests of the employees, whether it was appropriately negotiated, and whether it complied with statutory provisions. The Commission needed to consider if the agreement met the requirements of the Fair Work Act, including provisions on minimum entitlements and the good faith bargaining process.

The Commission examined the negotiation process and found that it was conducted in good faith and that the agreement was appropriately negotiated. It also considered the content of the agreement, including provisions on wages, hours, and other employment conditions. The Commission noted that the agreement provided for a significant increase in wages and improved working conditions for employees, and that these benefits outweighed any potential detriments. The Commission also found that the agreement did not contravene any provisions of the Fair Work Act. After careful consideration of the evidence and arguments presented, the Commission approved the enterprise agreement, finding that it was in the best interests of the employees.

The Fair Work Commission approved the Downer Infrastructure Rail Division Enterprise Agreement 2013, finding that it was appropriately negotiated and in the best interests of the employees. The Commission's decision was based on a detailed analysis of the negotiation process and the content of the agreement, and it considered the potential benefits and detriments to the employees. The Commission found that the agreement provided for significant improvements in wages and working conditions, and that these benefits outweighed any potential detriments. The Commission's decision was final and binding, and it was not subject to appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established