Downer EDI Works Pty Ltd Summary

[2013] FWCA 2723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2013/993)

DOWNER EDI WORKS PTY LTD ROAD WORKS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 MAY 2013

Application for approval of the Downer EDI Works Pty Ltd Road Works Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Road Works Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Transport Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. 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 from the date of this decision. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

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 Road Works Enterprise Agreement 2013. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute primarily concerned the adequacy of the agreement in terms of its compliance with the Act and whether it contained the necessary provisions for the protection of employees.

The central legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for remuneration, working conditions, and dispute resolution mechanisms. The Commission needed to assess if the agreement was genuinely negotiated and if it contained any terms that were contrary to the public interest or that undermined the rights of employees. Additionally, the Commission had to consider whether the agreement met the requirements for coverage and if it included all the prescribed minimum terms and conditions.

The Fair Work Commission found that the Downer EDI Works Pty Ltd Road Works Enterprise Agreement 2013 was genuinely negotiated and contained fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for adequate remuneration, working conditions, and dispute resolution mechanisms, and it did not contain any terms that were contrary to the public interest. The Commission was satisfied that the agreement met all the statutory requirements for approval and that it provided for the protection of employees' rights. Consequently, the Commission approved the agreement, stating that it was appropriate for the protection of the employees involved.

The Fair Work Commission approved the Downer EDI Works Pty Ltd Road Works Enterprise Agreement 2013, effective from the date of the decision. The Commission's approval was based on the finding that the agreement contained fair and reasonable terms and conditions of employment and met all statutory requirements for approval under the Fair Work Act 2009. The agreement was deemed to provide for the protection of employees' rights and interests, and it was considered genuinely negotiated between the employer and the employees.

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