DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2018/6569)

DOWNER EDI WORKS PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 FEBRUARY 2019

Application for approval of the Downer EDI Works Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2017-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd T/A Downer. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) of the Act, I note that the Agreement covers the organisation.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Downer EDI Works Pty Ltd, trading as Downer, the Fair Work Commission (FWC) was called upon to approve the Downer EDI Works Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2017-2021. The dispute centred on the terms and conditions of employment and the fairness of the proposed agreement between the company and the union. The Commission's task was to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly focusing on whether the agreement was genuinely bargained and in the best interests of the employees.

The legal issues before the FWC included whether the agreement was genuinely the product of genuine collective bargaining, whether it met the better-off-overall test, and if it adhered to the minimum entitlements and rights set out in the Fair Work Act. Additionally, the FWC needed to consider if the agreement provided for a fair and reasonable resolution of disputes between the parties and if it complied with relevant national employment standards and regulations.

The FWC found that the agreement was the result of genuine collective bargaining and met the better-off-overall test, indicating that the employees would be better off under the terms of the agreement than they would be under the applicable award. The FWC also determined that the agreement contained provisions that were fair and reasonable, and it did not contravene any minimum entitlements or rights. Given these findings, the FWC approved the agreement, ensuring it would now govern the employment terms for the specified period. The Commission's decision was based on a comprehensive assessment of the evidence and the statutory criteria outlined in the Fair Work 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