DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2021/5047)

DOWNER EDI WORKS PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2020

Asphalt industry
COMMISSIONER WILSON	MELBOURNE, 2 JUNE 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Queensland Enterprise Agreement 2020 (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 Employer 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. The undertakings are taken to be a term of 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 9 June 2021. The nominal expiry date of the Agreement is 14 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer, sought approval of the Downer EDI Works Pty Ltd Queensland Enterprise Agreement 2020. The matter was heard by the Fair Work Commission. The primary dispute centred on whether the enterprise agreement, which included provisions for employee wages, conditions, and other terms of employment, was in compliance with the relevant legislative framework and whether it was fairly negotiated and beneficial to the employees.

The legal issues that the court was required to address included whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, including the requirement for the agreement to provide for fair and reasonable terms and conditions, and whether the agreement had been fairly negotiated and contained appropriate dispute resolution mechanisms. The court also needed to determine whether the agreement was beneficial to the employees and whether it complied with the procedural requirements for approval.

The Fair Work Commission examined the evidence provided by both parties and considered the provisions of the Fair Work Act 2009. The court found that the enterprise agreement was fairly negotiated and contained appropriate dispute resolution mechanisms. The agreement provided for fair and reasonable terms and conditions, and the evidence demonstrated that it was beneficial to the employees. The commission also confirmed that the agreement complied with the procedural requirements for approval. Accordingly, the court approved the enterprise agreement.

The final orders included the approval of the Downer EDI Works Pty Ltd Queensland Enterprise Agreement 2020, which would now be applicable to the employees covered by the agreement. The agreement would be registered with the Fair Work Commission, and the parties were directed to comply with its terms. The decision provided certainty for both the employer and employees regarding the terms and conditions of employment moving forward.

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