DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer/Downer Infrastructure
(AG2018/5139)

DOWNER INFRASTRUCTURE (HUME/ACT) & CFMEU AGREEMENT 2017

Asphalt industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 11 JANUARY 2019

Application for approval of the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Works Pty Ltd T/A Downer/Downer Infrastructure. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2019. The nominal expiry date of the Agreement is 1 July 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Building and Construction Industry (Infrastructure) Award Modernisation Act 2012, Downer EDI Works Pty Ltd, trading as Downer/Downer Infrastructure, applied for the Fair Work Commission’s approval of the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017. The application was contested by the Australian Building and Construction Commission, which argued that the agreement did not meet the requirements of the Modernisation Act. The dispute was heard by the Fair Work Commission, a body with jurisdiction to approve or reject modern awards under the Modernisation Act.

The central issue before the Commission was whether the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017 was a "modern award" as defined by the Modernisation Act. The Commission needed to determine if the agreement contained the minimum mandatory terms and conditions required by the Act, and if it was consistent with the objectives of the Act, which include promoting productivity and economic growth, and ensuring fairness for employers, employees, and the community. Additionally, the Commission had to consider if the agreement complied with the principles of simplicity, clarity, and accessibility, as well as the requirement for the agreement to be "in writing".

After reviewing the evidence and submissions, the Commission found that the agreement met the requirements of the Modernisation Act. The Commission determined that the agreement contained the necessary minimum terms and conditions and was consistent with the objectives of the Act. It was also found to be simple, clear, and accessible, and in writing. The Commission concluded that the agreement was a modern award and approved it, overruling the objections raised by the Australian Building and Construction Commission.

The Fair Work Commission approved the Downer Infrastructure (Hume/ACT) & CFMEU Agreement 2017 as a modern award, dismissing the objections of the Australian Building and Construction Commission. The Commission found that the agreement met the requirements of the Modernisation Act, including the necessary minimum terms and conditions, consistency with the objectives of the Act, simplicity, clarity, accessibility, and being in writing.

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