Downer EDI Works Pty Ltd Summary

[2013] FWCA 1983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2013/41)

DOWNER EDI WORKS PTY LTD WESTERN AUSTRALIA WORKSHOP OPERATIONS ENTERPRISE AGREEMENT 2013

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 APRIL 2013

Application for approval of the Downer EDI Works Pty Ltd Western Australia Workshop Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Western Australia Workshop Operations 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] I had some concerns regarding the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his support for the undertaking.

[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 September 2015.

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 EDI Works Pty Ltd Western Australia Workshop Operations Enterprise Agreement 2013. The respondents, including several unions and individual employees, contested the application on various grounds, questioning the fairness and compliance of the agreement with the Fair Work Act 2009. The central issues before the Commission were whether the agreement was genuinely negotiated, whether it contained appropriate mechanisms for dispute resolution, and if it met the statutory requirements under the Fair Work Act.

The Fair Work Commission carefully examined the process through which the agreement was negotiated, considering the fairness and adequacy of the representation of the parties involved. The Commission also assessed whether the agreement provided for appropriate mechanisms for resolving disputes, as required by the Fair Work Act. Furthermore, the Commission evaluated the overall compliance of the agreement with the statutory provisions, including the provisions on minimum entitlements, unfair dismissal, and other workplace standards.

After thorough consideration, the Fair Work Commission found that the agreement was genuinely negotiated and contained appropriate mechanisms for dispute resolution. The Commission concluded that the agreement met all statutory requirements under the Fair Work Act and approved the application for registration. The Commission's decision was based on the evidence provided, which demonstrated that the agreement was fair and complied with all relevant legislative standards.

The Fair Work Commission approved the Downer EDI Works Pty Ltd Western Australia Workshop Operations Enterprise Agreement 2013, confirming its validity and compliance with the Fair Work Act. The agreement is now registered and will govern the employment conditions of the covered 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