DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2017/3200)

DOWNER EDI WORKS PTY LTD HIGH CAPACITY METRO TRAINS (HCMT) CONSTRUCTION PHASE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2017

Application for approval of the Downer EDI Works Pty Ltd High Capacity Metro Trains (HCMT) Construction Phase Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd High Capacity Metro Trains (HCMT) Construction Phase Enterprise Agreement 2017 (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 greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] The Applicant has provided written undertakings. This undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Annexure A.

[4] Based on statutory declaration provided by the organisation, I am satisfied that the Australian Rail, Tram and Bus Industry Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 8 September 2017 and, in accordance with s.54, will operate from 15 September 2017. The nominal expiry date of the Agreement is 2 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer, applied to the Fair Work Commission for the approval of the Downer EDI Works Pty Ltd High Capacity Metro Trains (HCMT) Construction Phase Enterprise Agreement 2017. The application was opposed by the Transport Workers Union of Australia (TWU). The dispute primarily concerned the terms and conditions of employment, including pay rates, classification of roles, and the classification of new roles created as part of the HCMT project. The case was heard in the Fair Work Commission.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it complied with the process requirements for enterprise agreements. The TWU argued that the agreement failed to provide fair and reasonable terms and conditions, particularly in relation to pay rates and role classifications. The Commission had to consider the arguments presented by both parties and determine if the proposed agreement was compliant with the Act.

The Fair Work Commission determined that the proposed agreement was fair and reasonable, and met the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions, including adequate pay rates and classifications. The Commission also found that the process requirements for the making of the agreement were met, as the agreement had been made in good faith and with proper consultation. The application was thus approved, and the Downer EDI Works Pty Ltd High Capacity Metro Trains (HCMT) Construction Phase Enterprise Agreement 2017 was registered.

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