Downer EDI Works Pty Ltd

[2025] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2025/2001)

DOWNER EDI WORKS PTY LTD ITS QUEENSLAND ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 4 JULY 2025

Application for approval of the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd ITS Queensland 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 Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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 ITS Queensland Enterprise Agreement 2024. The agreement was made between Downer EDI Works Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was made on 11 February 2024, and the dispute was heard by the Commission on 29 February 2024. The nature of the dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically concerning wages, working hours, and conditions of employment for the union's members.

The primary legal issues the Commission had to decide were whether the agreement met the requirements under the Fair Work Act 2009, including whether it complied with the "better off overall test" (BOOT), and if it was made in good faith and without coercion. The Commission also needed to assess if the agreement provided for a fair and reasonable level of remuneration and conditions for the employees.

The Commission found that the agreement was made in good faith and without any element of coercion. The terms of the agreement were considered fair and reasonable, meeting the BOOT. The Commission determined that the agreement provided for a fair and reasonable level of remuneration and conditions for the employees. After evaluating the evidence and submissions, the Commission approved the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2024.

The final orders of the Commission were that the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009, effective from 1 April 2024. The agreement was to be registered by the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established