Downer EDI Works Pty Ltd Summary

[2013] FWCA 1716

FAIR WORK COMMISSION

DECISION

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

Downer EDI Works Pty Ltd
(AG2013/5562)

DOWNER TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 APRIL 2013

Application for approval of the Downer Traffic Management Enterprise Agreement 2013-2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 March 2013 by Downer EDI Works Pty Ltd for the approval of a single-enterprise agreement known as the Downer Traffic Management Enterprise Agreement 2013-2016 (“the 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd applied to the Fair Work Commission for approval of the Downer Traffic Management Enterprise Agreement 2013-2016. The applicant is an employer in the road construction industry, and the dispute concerns the terms and conditions of employment for its employees who are covered by the proposed agreement. The Fair Work Commission, as the relevant industrial relations tribunal, was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Act, including whether it was made in good faith and without coercion, and whether it provided for appropriate mechanisms for the resolution of workplace disputes. The Commission also had to consider whether the agreement provided for appropriate protections for employees, including in relation to wages, hours of work, and other terms and conditions of employment.

In delivering its decision, the Commission found that the agreement had been made in accordance with the requirements of the Act. The Commission noted that the agreement had been negotiated in good faith and without coercion, and that it provided for appropriate mechanisms for the resolution of workplace disputes. The Commission also found that the agreement provided for appropriate protections for employees, including in relation to wages, hours of work, and other terms and conditions of employment. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the Downer Traffic Management Enterprise Agreement 2013-2016, subject to certain modifications. The modifications related to the provision of shift allowances and the calculation of penalty rates for certain types of work. The Commission noted that these modifications were necessary to ensure compliance with the Act and to provide appropriate protections for employees. The applicant was directed to implement the modifications and to provide a copy of the approved agreement to the Commission within a specified timeframe.

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