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

[2017] FWCA 4894

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

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

(AG2017/3744)

Downer Ancillary Service & AWU Agreement 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 SEPTEMBER 2017

Application for variation of the Downer Ancillary Service & AWU Agreement 2015.

An application has been made for approval of a variation to the Downer Ancillary Service & 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).

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

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.

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

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

Downer EDI Works Pty Ltd, trading as Downer/Downer Infrastructure, applied to the Fair Work Commission for a variation of the Downer Ancillary Service & AWU Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The applicant sought to reduce the number of hours of overtime to which its employees were entitled, and to change the penalty rates paid for work on public holidays and weekends. The Australian Workers' Union opposed the application.

The legal issues before the commission were whether the proposed changes were necessary and appropriate to achieve a fair and efficient workplace, and whether the changes would have a detrimental effect on the employees' conditions. The commission had to balance the need for a fair and efficient workplace with the need to protect the employees' rights and entitlements. The commission also had to consider the impact of the changes on the employees' ability to earn a living and maintain a reasonable standard of life.

The commission found that the changes were necessary and appropriate to achieve a fair and efficient workplace. The applicant had demonstrated that the changes were necessary to remain competitive and to avoid significant financial loss. The commission also found that the changes would not have a detrimental effect on the employees' conditions. The changes would still provide a reasonable standard of life for the employees, and would not undermine their ability to earn a living. The commission therefore approved the application and made the orders sought by the applicant.

The final orders of the commission were that the Downer Ancillary Service & AWU Agreement 2015 be varied to reduce the number of hours of overtime to which the employees were entitled, and to change the penalty rates paid for work on public holidays and weekends. The orders came into effect on the date of the commission's decision. The applicant and the union were directed to give each other notice of the orders, and to take all steps necessary to give effect to the orders.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established