DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure
(AG2017/4339)

DOWNER EDI WORKS PTY LTD NORTH SYDNEY ROAD MAINTENANCE (PSMC) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 OCTOBER 2017

Application for variation of the Downer EDI Works Pty Ltd North Sydney Road Maintenance (PSMC) Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to the Downer EDI Works Pty Ltd North Sydney Road Maintenance (PSMC) Enterprise 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 16 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Works Pty Ltd trading as Downer/Downer Infrastructure, brought an application before the Fair Work Commission for a variation of the Downer EDI Works Pty Ltd North Sydney Road Maintenance (PSMC) Enterprise Agreement 2013. The applicant sought changes to the agreement to address issues related to workforce flexibility and cost-efficiency in the maintenance of North Sydney Road. The dispute centred on the terms and conditions of employment for the workers involved, particularly concerning shifts, overtime, and penalties.

The primary legal issues the court had to address were whether the proposed variations were necessary to meet the operational needs of the business, whether they were in the best interests of the employees, and whether the process followed in seeking the variations was fair and reasonable. The applicant argued that the variations were necessary to maintain operational efficiency and to better align the workforce with fluctuating maintenance demands. Conversely, the respondents contended that the changes would negatively impact the employees' work-life balance and conditions of employment.

The Fair Work Commission examined the evidence presented by both parties, focusing on the necessity and reasonableness of the proposed changes. The court concluded that the variations were necessary to address the operational needs of the business and were in the best interests of the employees, as they would provide greater flexibility and predictability in scheduling. The court further found that the process followed by the applicant was fair and reasonable, thus granting the application for variation. The decision was made in the context of ensuring that the changes would not adversely affect the employees while allowing the business to function more efficiently.

The final orders of the court included the variation of specific clauses in the enterprise agreement as proposed by the applicant. These variations allowed for adjustments in shift patterns, overtime provisions, and penalty rates, while also including measures to protect the employees' rights and ensure that the changes were implemented in a fair and reasonable manner.

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