DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2019/2053)

DOWNER EDI WORKS PTY LTD VICTORIAN ROAD MAINTENANCE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 JULY 2019

Application for approval of the Downer EDI Works Victorian Road Maintenance Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Victorian Road Maintenance Enterprise Agreement 2018 (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.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 July 2019 and, in accordance with s.54, will operate from 30 July 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Downer EDI Works Pty Ltd, trading as Downer, the Fair Work Commission was presented with an application for the approval of the Downer EDI Works Victorian Road Maintenance Enterprise Agreement 2018. The dispute involved the terms of the enterprise agreement between the employer and its employees, specifically those engaged in road maintenance activities within Victoria. The case was heard in the Fair Work Commission, a body established under the Fair Work Act 2009, which has jurisdiction over industrial disputes and the regulation of enterprise agreements.

The legal issues before the Commission included whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, whether it contained the mandated minimum terms and conditions, and whether it was in the best interests of the employees. The Commission had to consider submissions from both the employer and the union, as well as the views of the employees themselves. The central concern was to ensure that the agreement was fair and balanced, providing adequate protection for the employees while also meeting the needs of the employer.

After careful consideration of the evidence and arguments presented, the Fair Work Commission determined that the Downer EDI Works Victorian Road Maintenance Enterprise Agreement 2018 met the necessary legal criteria. The Commission found that the agreement had been made in accordance with the required procedures, contained the mandated minimum terms and conditions, and was in the best interests of the employees. The Commission took into account the fairness of the agreement, the level of employee engagement in the bargaining process, and the balance of interests between the parties. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement under the Fair Work Act.

The final orders of the Commission included the approval of the Downer EDI Works Victorian Road Maintenance Enterprise Agreement 2018, with the agreement to be registered and enforceable as of the date of the decision. The employees covered by the agreement were to be bound by its terms, and the employer was required to comply with the conditions set out in the agreement. The Commission's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement would govern their industrial relationship moving forward.

Downer EDI Works Pty Ltd T/A Downer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established