Downer EDI Works Pty Ltd T/A Downer Summary

[2019] FWCA 4895

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer

(AG2019/1207)

Downer Rosehill Sydney Operations Agreement 2018 - 2021

Asphalt industry
Commissioner Yilmaz	MELBOURNE, 7 OCTOBER 2019

Application for approval of the Downer Rosehill Sydney Operations Agreement 2018 - 2021.

An application has been made for approval of an enterprise agreement known as the Downer Rosehill Sydney Operations Agreement 2018 - 2021 (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 T/A Downer. 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 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 14 October 2019. The nominal expiry date of the Agreement is 6 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Downer EDI Works Pty Ltd, trading as Downer, for approval of the Downer Rosehill Sydney Operations Agreement 2018-2021. The application was made before the Federal Circuit Court of Australia, where the parties were involved in a dispute concerning the terms and conditions of the agreement. The primary legal issues before the court were whether the agreement was consistent with relevant industrial awards and if it was in the best interests of the employees covered by the agreement.

The court examined the agreement in detail, considering whether it adhered to the provisions of the Fair Work Act 2009 and other relevant industrial instruments. The applicant argued that the agreement was necessary to maintain the competitiveness and sustainability of its operations. The court assessed the terms of the agreement against the requirements for approval, particularly focusing on any potential detriment to the employees. It considered the balance between the employer's needs and the protections afforded to employees under the industrial framework.

The court concluded that the agreement was consistent with the relevant industrial awards and did not result in any significant detriment to the employees. It found that the agreement was in the best interests of the employees, given the context of the business operations and the broader economic environment. The court approved the agreement, recognising the need to support business viability while safeguarding employee rights. The final orders included the approval of the Downer Rosehill Sydney Operations Agreement 2018-2021, subject to the terms and conditions specified in the court's decision.

Downer EDI Works Pty Ltd T/A Downer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established