DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2016/2704)

DOWNER ROSEHILL WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 10 MAY 2016

Application for approval of the Downer Rosehill Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rosehill Workshop Agreement 2014 (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/A Downer. The Agreement is a single enterprise agreement.

[2] The Applicant 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 17 May 2016. The nominal expiry date of the Agreement is 20 July 2018.

COMMISSIONER

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 approval of the Downer Rosehill Workshop Agreement 2014. The dispute centred on the terms of the proposed agreement, which was intended to cover the employment conditions of certain workers at the Downer Rosehill Workshop. The Fair Work Commission, presided over by Commissioner O'Donnell, was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it complied with the good faith bargaining requirements. Specifically, the Commission needed to examine whether the agreement adequately addressed the minimum entitlements, working conditions, and other mandatory terms stipulated by the legislation. Additionally, the Commission had to consider whether the agreement reflected the outcome of genuine and fair bargaining between Downer and the relevant employee representatives.

In delivering the decision, Commissioner O'Donnell found that the proposed agreement did include all the mandatory terms as required by the Fair Work Act. The agreement was comprehensive in addressing minimum wage rates, penalty rates, leave entitlements, and other conditions of employment. The Commissioner also determined that the agreement was the product of good faith bargaining, as evidenced by the negotiation process and the involvement of employee representatives. Given these findings, the Commission approved the Downer Rosehill Workshop Agreement 2014, affirming its compliance with the statutory requirements.

The final orders of the Commission were that the Downer Rosehill Workshop Agreement 2014 be approved and registered under the Fair Work Act. This decision ensured that the agreement would be legally binding on the parties involved, providing a clear framework for the employment conditions at the Downer Rosehill Workshop.

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