Downer Edi Works Pty Ltd Summary

[2025] FWCA 2258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Works Pty Ltd

(AG2025/1831)

DOWNER EDI WORKS PTY LTD SHEPPARTON DEPOT ENTERPRISE AGREEMENT 2025

Asphalt industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2025

Application for approval of the Downer EDI Works Pty Ltd Shepparton Depot Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Shepparton Depot Enterprise Agreement 2025 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Asphalt Industry Award 2020 [MA000054] is taken to be a term of the Agreement.

The Australian 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 16 July 2025. The nominal expiry date of the Agreement is 8 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer Edi Works Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Downer EDI Works Pty Ltd Shepparton Depot Enterprise Agreement 2025. The applicant, a construction company, sought to have the agreement, which had been negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), recognised under the Fair Work Act. The CFMEU represented the employees at the Shepparton depot of the company.

The central legal issue the Commission was required to determine was whether the agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it contained the minimum terms and conditions required by law, and whether it was made in accordance with the relevant provisions of the Act. Additionally, the Commission had to consider whether the agreement provided for the appropriate process for resolving any disputes that may arise under the agreement.

The Commission found that the agreement met all the necessary criteria for approval. It was made in good faith and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement was made in accordance with the Act, and that it provided for an appropriate process for resolving disputes. The Commission approved the agreement, and it will now apply to the employees at the Shepparton depot of Downer Edi Works Pty Ltd from 1 July 2025. The Commission's decision was made on the basis of the evidence and submissions provided by the parties, and the Commission found that the agreement was in the best interests of the employees and the company.

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