Downer EDI Works Pty Ltd T/A Downer Summary

[2013] FWCA 2608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2013/770)

DOWNER AUSTRALIA BITUMEN PRODUCTION ENTERPRISE AGREEMENT 2012

Asphalt industry
COMMISSIONER RYAN	MELBOURNE, 29 APRIL 2013

Application for approval of the Downer Australia Bitumen Production Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Downer Australia Bitumen Production Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 6 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the matter of Downer EDI Works Pty Ltd T/A Downer, an application was made to the Fair Work Commission for the approval of the Downer Australia Bitumen Production Enterprise Agreement 2012. The applicant, Downer EDI Works Pty Ltd, sought the agreement's approval, which had been negotiated with various unions representing the employees involved in the bitumen production enterprise. The unions involved included the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers' Union (AMWU).

The legal issues before the commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement provided for fair and reasonable terms and conditions, if it was free from coercion and undue influence, and if it met the requirements for the coverage of employees and employers. Additionally, the commission had to ensure the agreement was not discriminatory and complied with all relevant legislative provisions.

The commission found that the agreement met all the statutory requirements for approval. The agreement was deemed to be fair and reasonable, free from coercion and undue influence, and compliant with all legislative provisions. The coverage of employees and employers was also found to be appropriate, and the agreement was not found to be discriminatory. The commission concluded that the agreement provided for the fair and reasonable terms and conditions of employment for the employees involved in the bitumen production enterprise. The application for approval was therefore granted.

The final orders of the commission included the approval of the Downer Australia Bitumen Production Enterprise Agreement 2012, subject to certain conditions and modifications to ensure compliance with relevant legislative provisions. The agreement was approved as a registered agreement under the Fair Work Act 2009, and the parties were directed to take all necessary steps to implement the agreement. The unions and the employer were also directed to provide the commission with a compliance report within six months of the approval.

Downer EDI Works Pty Ltd T/A Downer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established