Downer EDI Works Pty Ltd T/A Downer Summary

[2021] FWCA 6805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2021/8301)

DOWNER EDI WORKS PTY LTD ITS QUEENSLAND ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 NOVEMBER 2021

Application for approval of the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2020

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 November 2021. The nominal expiry date of the Agreement is 29 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Downer EDI Works Pty Ltd, trading as Downer, sought the approval of the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2020. The case was heard by the Fair Work Commission, which was required to consider the fairness and compliance of the proposed agreement with relevant industrial laws. The legal issues before the court centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically in terms of the procedural fairness and the substantive fairness of the agreement.

The Commission undertook a detailed examination of the agreement, considering various aspects such as the bargaining process, the terms of the agreement, and its compliance with the requirements of the Fair Work Act 2009. The Court noted that the agreement was negotiated between the employer and the employees' representative, and that the process adhered to the procedural fairness principles. The substantive fairness of the agreement was assessed by comparing it against the relevant industrial awards and other agreements, ensuring that it provided fair and reasonable terms for the employees.

After considering all the submissions and evidence, the Fair Work Commission concluded that the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2020 was fair and reasonable in all its terms. The Commission approved the agreement, recognising its compliance with the relevant industrial laws and its alignment with the principles of procedural and substantive fairness. The approval of the agreement will now allow Downer and the employees' representative to proceed with its implementation, ensuring that the terms of the agreement are adhered to by both parties.

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