| [2021] FWCA 1142 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Works Pty Ltd T/A Downer
(AG2021/292)
Downer EDI Works Pty Ltd Rail Infrastructure - Construction and Maintenance Works Enterprise Agreement 2021 -South Australia
| Electrical contracting industry | |
| Deputy President Beaumont | PERTH, 2 MARCH 2021 |
Application for approval of the Downer EDI Works Pty Ltd Rail Infrastructure -Construction and Maintenance Works Enterprise Agreement 2021 -South Australia.
Downer EDI Works Pty Ltd T/A Downer has made an application for the approval of a greenfields agreement known as the Downer EDI Works Pty Ltd Rail Infrastructure -Construction and Maintenance Works Enterprise Agreement 2021 South Australia (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 March 2021. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE510625 PR727452>
- AGLC
- Downer EDI Works Pty Ltd T/A Downer [2021] FWCA 1142
- Case
- [2021] FWCA 1142
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission needed to resolve were whether the agreement provided for fair and reasonable terms and conditions for the employees, and if it met the criteria for being a "better off overall" agreement as required by the Fair Work Act. The Commission also considered whether the agreement adequately addressed the needs and interests of the employees, including those relating to shift work, leave entitlements, and pay rates. The Commission examined the submissions from both parties and the evidence provided, including the views of the employees.
The Commission found that the agreement was in the best interests of the employees and met the criteria for being a "better off overall" agreement. The Commission considered that the agreement provided for fair and reasonable terms and conditions for the employees and adequately addressed their needs and interests. The Commission also found that the agreement complied with the relevant legislation, including the Fair Work Act. The Commission approved the agreement, finding that it was fair and reasonable and met the statutory requirements.
The Fair Work Commission approved the Downer EDI Works Pty Ltd Rail Infrastructure - Construction and Maintenance Works Enterprise Agreement 2021, which will now apply to employees in South Australia. The agreement provides for terms and conditions of employment that the Commission found to be fair and reasonable and in the best interests of the employees. The Commission's decision is final and binding on both parties.
Orders
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Background
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Evidence
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