Downer EDI Works Pty Ltd T/A Downer Summary

[2021] FWCA 7313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2021/8859)

DOWNER EDI WORKS PTY LTD EMULSION OPERATIONS ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT EASTON	SYDNEY, 24 DECEMBER 2021

Application for approval of the Downer EDI Works Pty Ltd Emulsion Operations Enterprise Agreement 2021.

[1] Downer EDI Works Pty Ltd T/A Downer (the Employer) has made an application for the approval of the Downer EDI Works Pty Ltd Emulsion Operations Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 (TWU) was a bargaining representative for the Agreement and 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 TWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer, applied to the Fair Work Commission for approval of the Downer EDI Works Pty Ltd Emulsion Operations Enterprise Agreement 2021. The dispute concerned the terms and conditions of employment for employees in the emulsion operations department of Downer. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act, and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider the fairness of the agreement's provisions, including wages, hours of work, leave entitlements, and other conditions. It also had to assess whether the agreement was made in good faith and whether the process for its negotiation and conclusion was fair.

The Commission found that the agreement was made in good faith and that the negotiation process was fair. It considered the evidence presented by both parties and determined that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the procedural requirements of the Act. Consequently, the Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Downer EDI Works Pty Ltd Emulsion Operations Enterprise Agreement 2021, effective from 1 July 2021. The approval was based on the findings that the agreement was made in good faith, the negotiation process was fair, and the terms and conditions of employment were fair and reasonable.

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