DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2016/6287)

DOWNER INFRASTRUCTURE NORTHERN TERRITORY ENTERPRISE AGREEMENT 2016

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Downer Infrastructure Northern Territory Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Northern Territory Enterprise Agreement 2016 (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/As 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 Transport Workers’ 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) 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 25 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Downer EDI Works Pty Ltd T/A Downer, the Fair Work Commission was tasked with approving the Downer Infrastructure Northern Territory Enterprise Agreement 2016. This agreement, which was made between Downer EDI Works Pty Ltd and its employees, aimed to set out the terms and conditions of employment for workers within the Northern Territory. The Commission's role was to ensure that the agreement complied with the relevant provisions of the Fair Work Act 2009 and was in the best interest of the employees involved.

The primary legal issue before the Commission was whether the terms of the enterprise agreement were fair and reasonable, and if they met the necessary criteria for approval. This involved examining the provisions of the agreement, including those related to wages, hours of work, leave entitlements, and other employment conditions, to ensure they adhered to the standards set by the Act. The Commission also had to consider if the agreement was negotiated in good faith and whether it provided a safety net for employees that was no less favourable than the applicable awards and regulations.

Upon reviewing the evidence and submissions presented by both parties, the Commission found that the Downer Infrastructure Northern Territory Enterprise Agreement 2016 was fair and reasonable. The agreement was deemed to be negotiated in good faith and provided a safety net for employees that was no less favourable than the applicable awards and regulations. Consequently, the Commission approved the agreement, ensuring that it would now govern the employment terms and conditions for the employees covered by the agreement. This decision provided clarity and certainty for both the employer and employees, as well as ensuring compliance with the Fair Work Act 2009.

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