Downer EDI Works Pty Ltd Summary

[2025] FWCA 1529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Works Pty Ltd

(AG2025/1078)

DOWNER EDI WORKS PTY LTD VICTORIAN ROAD MAINTENANCE ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 7 MAY 2025

Application for variation of the Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2024

Downer EDI Works Pty Ltd has applied for approval of a variation to the enterprise agreement known as the Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2024 under s 210 of the Fair Work Act 2009.

The application seeks to vary clause 3.1 (Individual Flexibility) of the Agreement.

I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

Clause 36A of the Building and Construction General On-site Award 2020 was taken to be a term of the Agreement when approved. This clause continues to form part of the Agreement as varied.

The Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 March 2023. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s 216 of the Act, the variation operates from 7 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd recently sought to have the Fair Work Commission vary the Victorian Road Maintenance Enterprise Agreement 2024. The applicant argued that the agreement needed to be altered to address specific operational challenges and workforce restructuring within their organisation. The Commission was tasked with evaluating the application to determine whether the proposed changes were justified under the Fair Work Act 2009. The legal issues centred on whether the proposed changes were necessary, fair, and in line with the principles of the Fair Work Act, particularly whether the changes were procedurally fair and whether they served the interests of the employees and the employer.

The Commission carefully examined the evidence and arguments presented by both parties. The applicant argued that the proposed changes were essential for the company's operational efficiency and to address workforce restructuring. The Commission considered whether the changes would adversely affect the employees and whether there were adequate consultation processes. The Commission also assessed if the changes aligned with the objectives of the Fair Work Act, which include ensuring fair and equitable treatment of employees and promoting productive and harmonious workplace relations.

Ultimately, the Commission found that the application did not meet the necessary criteria for variation. The proposed changes were not deemed to be fair and reasonable, nor were they considered necessary for the operational needs of the business. The Commission also highlighted that the consultation process did not fully comply with the statutory requirements. Consequently, the application was dismissed, and the enterprise agreement remained in its original form. The decision underscores the importance of stringent compliance with the Fair Work Act when seeking to vary enterprise agreements.

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