DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2019/142)

DOWNER TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2019

Application for variation of the Downer Traffic Management Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of a variation to the Downer Traffic Management Enterprise Agreement 2016 - 2020 (the Agreement). The application was made by Downer EDI Works Pty Ltd T/A Downer pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] 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 9 September 2016. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 17 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer, applied to the Fair Work Commission for a variation of the Downer Traffic Management Enterprise Agreement 2016-2020. The application was made by Downer seeking amendments to the agreement in light of changed circumstances, particularly in relation to the operation of traffic management services. The Fair Work Commission, presided over by Deputy President Ryan, was tasked with determining whether the application met the statutory criteria for a variation and if the proposed changes were reasonable.

The primary legal issue before the Commission was whether Downer had satisfied the conditions set out in section 237 of the Fair Work Act 2009 for a variation to be granted. Specifically, the Commission needed to assess if the changes were necessary due to changed circumstances, and whether the proposed terms were fair and reasonable. The Commission considered evidence and submissions from both parties, examining the impact of the proposed changes on the workforce and the reasonableness of the terms in light of the changed circumstances.

In its decision, the Commission found that the application met the statutory criteria for a variation. It concluded that the changed circumstances, including significant operational changes in the traffic management services industry, justified the proposed amendments. The Commission also determined that the terms of the variation were fair and reasonable, taking into account the need for flexibility and adaptability in the enterprise agreement. The Deputy President emphasised the importance of the parties’ ongoing engagement and the need for the agreement to reflect the realities of the current operational environment.

The Fair Work Commission granted the application for variation, approving the changes to the Downer Traffic Management Enterprise Agreement 2016-2020. The new terms, which were outlined in the decision, would come into effect from the date specified in the order. The Commission encouraged both parties to continue their efforts in maintaining a cooperative and productive industrial relations environment.

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