DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure
(AG2017/5211)

DOWNER (SOUTH COAST AREA) & AWU AGREEMENT 2013

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 DECEMBER 2017

Application for variation of the Downer (South Coast Area) & AWU Agreement 2013.

[1] An application has been made for approval of a variation to the Downer (South Coast Area) & AWU Agreement 2013 (the Agreement). The application was made by Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 7 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer, applied for a variation of the Downer (South Coast Area) & AWU Agreement 2013, which governs the employment of its employees in the South Coast Area. The Australian Workers' Union (AWU) opposed the application. The dispute was heard by the Fair Work Commission (FWC), an independent statutory body with jurisdiction to determine workplace disputes and issues.

The central legal issue before the FWC was whether the proposed variations to the agreement, which included changes to shift patterns and provisions regarding weekend work, met the criteria for a modern award under the Fair Work Act 2009. The AWU argued that the changes would result in adverse conditions for employees, particularly in relation to weekend work and shift patterns. Downer contended that the changes were necessary to improve operational efficiency and were consistent with the principles of a modern award.

The FWC carefully considered the evidence and submissions from both parties. It found that the proposed variations did indeed align with the principles of a modern award, which emphasise flexibility, efficiency, and productivity. The FWC concluded that the changes to shift patterns and weekend work provisions would not result in a detriment to employees when considering the overall employment package. Consequently, the FWC approved the variations as they were in line with the objectives of the Fair Work Act.

The FWC issued an order approving the variations to the Downer (South Coast Area) & AWU Agreement 2013. The variations were to come into effect on a date specified in the order. This decision was based on the FWC's finding that the proposed changes met the criteria for a modern award and would not result in a detriment to the employees.

Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established