Downer Edi Works Pty Ltd Summary

[2025] FWCA 2259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Works Pty Ltd

(AG2025/1832)

DOWNER EDI WORKS PTY LTD WODONGA DEPOT ENTERPRISE AGREEMENT 2024

Asphalt industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2025

Application for approval of the Downer EDI Works Pty Ltd Wodonga Depot Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Wodonga Depot Enterprise Agreement 2024 (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

The case involved an application by Downer Edi Works Pty Ltd to the Fair Work Commission for approval of their Wodonga Depot Enterprise Agreement 2024. The nature of the dispute was related to the procedural fairness and compliance of the agreement with relevant industrial laws and regulations. The Fair Work Commission was the court that heard the matter.

The legal issues that the Commission was required to decide upon included whether the agreement was made in accordance with the Fair Work Act 2009, and if the proper consultation and negotiation processes were followed. It was also necessary to determine if the agreement complied with the standards set out in the Fair Work (Registered Organisations) Act 2009. The Commission needed to consider whether the application was made in good faith and whether the agreement fairly represented the interests of the employees.

The Fair Work Commission found that the application was made in good faith and that the agreement was made following proper consultation and negotiation processes. The Commission determined that the agreement was compliant with the relevant industrial laws and regulations, including the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission concluded that the agreement was fair and met the necessary standards for approval. As such, the Commission granted approval for the Downer EDI Works Pty Ltd Wodonga Depot Enterprise Agreement 2024.

The final orders of the Commission were that the application for approval of the agreement be granted, and the agreement be registered as a valid enterprise agreement under the Fair Work Act. The Commission also ordered that the agreement would take effect from the date of registration, and that the parties were bound by its terms.

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