DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2019/1410)

DOWNER INFRASTRUCTURE PAVEMENT PRESERVATION BUSINESS ENTERPRISE AGREEMENT 2019

Asphalt industry
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2019

Application for approval of the Downer Infrastructure Pavement Preservation Business Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Pavement Preservation Business Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503943 PR709390>
Annexure A

CaseChat Overview and Summary

The applicant, Downer EDI Works Pty Ltd trading as Downer, sought approval from the Fair Work Commission for the Downer Infrastructure Pavement Preservation Business Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for certain employees within the company's pavement preservation business. The matter was heard and determined by the Fair Work Commission.

The legal issues before the court centred on whether the proposed enterprise agreement was in compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider if the agreement provided fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements for enterprise agreements, including whether the agreement was made in good faith and with genuine bargaining.

The court found that the agreement was procedurally sound and had been made in good faith with genuine bargaining. The court also determined that the agreement provided fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court examined the provisions of the agreement, including wages, leave entitlements, and other employment conditions, and concluded that they were fair and reasonable, taking into account the nature of the business and the bargaining positions of the parties.

The Fair Work Commission approved the Downer Infrastructure Pavement Preservation Business Enterprise Agreement 2019, effective from 1st July 2019. The approval was subject to the conditions that the agreement be in writing and signed by the parties, and that it be lodged with the Commission within the specified timeframes. The agreement was deemed to be a registered agreement under the Fair Work Act 2009, and would apply to the employees covered by the agreement until it was terminated or varied in accordance with the Act.

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