Downer EDI Works Pty Ltd Summary

[2013] FWCA 1664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2013/334)

DOWNER INFRASTRUCTURE MELBOURNE SURFACING BUSINESS ENTERPRISE AGREEMENT 2013

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 18 MARCH 2013

Application for approval of the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Downer EDI Works Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to clause 8 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 25 March 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In Downer EDI Works Pty Ltd, the Fair Work Commission was asked to approve the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2013. This agreement was entered into between Downer EDI Works Pty Ltd, as the employer, and the Construction, Forestry, Mining and Energy Union, as the representative of the employees. The dispute centred on the terms and conditions outlined within the proposed agreement, specifically those concerning employee entitlements and the overall fairness of the agreement for both parties. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the fairness test. This test requires the Commission to consider various factors, including whether the agreement provides for fair and reasonable terms and conditions, and whether it has been negotiated in good faith. The Commission also had to assess if the agreement appropriately balanced the rights and obligations of both employers and employees.

The Fair Work Commission examined the negotiation process and the contents of the agreement, taking into account the nature of the business and the specific working conditions of the employees. The Commission concluded that the agreement was fair and reasonable, as it appropriately reflected the interests of both parties and complied with the statutory requirements. The Commission was satisfied that the negotiation process was conducted in good faith and that the terms of the agreement were balanced and equitable.

Following its analysis, the Fair Work Commission approved the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2013, deeming it to be fair and reasonable. The Commission's decision was based on the comprehensive evaluation of the agreement's provisions, the negotiation process, and its alignment with the principles of the Fair Work Act. This approval means that the terms of the agreement will apply to the employees covered by the agreement, setting the terms and conditions of their employment moving forward.

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