DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2015/6507)

DOWNER ROSEHILL SYDNEY OPERATIONS AWU AGREEMENT 2015

Asphalt industry
COMMISSIONER RIORDAN	SYDNEY, 1 DECEMBER 2015

Application for approval of the Downer Rosehill Sydney Operations AWU Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rosehill Sydney Operations AWU Agreement 2015 (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 (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union Greater New South Wales Branch (AWU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 26 November 2015, which included further material in support of the application together with Undertakings made by and duly signed by the HR Business Partner – NSW/ACT, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 6 May 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Downer EDI Works Pty Ltd, trading as Downer, applied for the approval of the Downer Rosehill Sydney Operations AWU Agreement 2015. The respondent to the application was the Australian Workers Union. The dispute centred on the terms and conditions of employment contained in the proposed agreement, specifically whether they met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the public interest and if it provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission involved the interpretation and application of sections of the Fair Work Act, particularly those concerning the public interest test and the fair and reasonable terms criteria. The Commission needed to assess whether the proposed agreement provided for terms and conditions that were fair and reasonable in all respects, including whether it adequately protected employees' rights and interests, and whether it aligned with broader economic and social policies. Additionally, the Commission had to determine if the agreement met the public interest test, which included considerations such as its potential impact on employment relations, workplace productivity, and industrial harmony.

The Fair Work Commission concluded that the Downer Rosehill Sydney Operations AWU Agreement 2015 met the statutory requirements for approval. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the need to balance the interests of employers and employees. The agreement was deemed to support productivity and industrial harmony, and it did not adversely affect the public interest. The Commission highlighted that the proposed agreement included provisions that addressed key employment issues, such as wages, hours of work, and dispute resolution mechanisms, in a manner that was equitable and beneficial to both parties.

Following its determination, the Commission approved the Downer Rosehill Sydney Operations AWU Agreement 2015, thereby resolving the application. The approval signifies that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the relevant employees. This decision reinforces the importance of ensuring that employment agreements are fair, reasonable, and in the public interest, as mandated by 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