DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure
(AG2017/3823)

DOWNER TERALBA OPERATIONS AWU AGREEMENT 2015

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 SEPTEMBER 2017

Application for variation of the Downer Teralba Operations AWU Agreement 2015.

[1] An application has been made for approval of a variation to the Downer Teralba Operations AWU Agreement 2015 (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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 19 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Downer EDI Works Pty Ltd T/A Downer / Downer Infrastructure involved an application for the variation of the Downer Teralba Operations AWU Agreement 2015. The applicant, Downer, sought to amend the agreement to address operational changes within the company. The Australian Workers' Union (AWU) opposed the application, raising concerns about the impact on employee conditions and entitlements. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed changes to the agreement were necessary and reasonable, and if they provided adequate protection for the employees' interests. The court had to consider the principles of good faith bargaining, the impact on the employees, and whether the changes complied with the Fair Work Act 2009. The applicant argued that the amendments were essential for operational efficiency and competitiveness, while the AWU contended that the changes would adversely affect the employees' conditions and entitlements.

The Commission examined the evidence presented by both parties and assessed the necessity and reasonableness of the proposed changes. The Commission concluded that the changes were necessary for operational efficiency and did not undermine the employees' conditions and entitlements. The Commission found that the applicant had acted in good faith and that the changes complied with the relevant legislation. The application was therefore approved, allowing Downer to implement the amended agreement.

The Commission ordered that the Downer Teralba Operations AWU Agreement 2015 be varied as per the terms outlined in the application. The changes were to take effect from the date of the decision, and both parties were directed to implement the amended agreement. The decision underscored the importance of balancing operational needs with the protection of employees' rights in workplace agreements.

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