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

[2022] FWCA 3320

The attached document replaces the document previously issued with the above code on 23 September 2022.

Title changed to reflect correct EA.

Alana Spensley-Armstrong
Associate to Commissioner Ryan

Dated 26 September 2022.

[2022] FWCA 3320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/3720)

Downer EDI Works WA Road Services Enterprise Agreement 2022

Road transport industry
COMMISSIONER P RYAN	SYDNEY, 23 SEPTEMBER 2022

Application for approval of the Downer EDI Works WA Road Services Enterprise Agreement 2022

Introduction

Downer EDI Works Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Downer EDI Works WA Road Services Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 30 September 2022. The nominal expiry date of the Agreement is 23 September 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Downer EDI Works Pty Ltd, the applicant sought approval of the Downer EDI Works WA Road Services Enterprise Agreement 2022. The dispute arose under the Fair Work Act 2009, specifically concerning the process and criteria for the approval of enterprise agreements. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and whether it should be approved.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act's provisions and if it could be approved in its current form. The Commission examined whether the agreement contained all necessary details and provisions, including those mandated by the Act, and whether it adhered to the standards of good faith bargaining. Additionally, the Commission had to consider whether the agreement was free from any unlawful content or discriminatory provisions.

The Commission concluded that the Downer EDI Works WA Road Services Enterprise Agreement 2022 complied with the statutory requirements. It found that the agreement contained all the necessary details and provisions as stipulated by the Fair Work Act and demonstrated evidence of good faith bargaining. The Commission approved the agreement, noting its alignment with the legislative standards and its fairness towards all parties involved.

The Fair Work Commission approved the Downer EDI Works WA Road Services Enterprise Agreement 2022. This decision was based on the agreement meeting all statutory requirements and demonstrating good faith bargaining. The Commission's approval ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the parties involved.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established