DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd
(AG2021/4176)

DOWNER EDI WORKS PTY LTD TASMANIAN ROAD MAINTENANCE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 APRIL 2021

Application for approval of the Downer EDI Works Pty Ltd Tasmanian Road Maintenance Enterprise Agreement 2019.

[1] Downer EDI Works Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Tasmanian Road Maintenance Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 April 2021 and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd applied for approval of the Downer EDI Works Pty Ltd Tasmanian Road Maintenance Enterprise Agreement 2019. The application was made by the employer, Downer EDI Works Pty Ltd, and involved the proposed agreement which was intended to cover the employees of the company involved in Tasmanian road maintenance operations.

The primary legal issues before the court were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the minimum terms and conditions of employment, whether it was made in accordance with the procedures set out in the Act, and whether it was free from any invalid provisions. The court had to assess if the agreement appropriately covered the stipulated employee groups and if the bargaining process was conducted fairly and in good faith.

The court considered the evidence presented and determined that the agreement was made in accordance with the legislative requirements. It was found that the bargaining process was conducted appropriately, and the agreement provided for the minimum terms and conditions as mandated by the Fair Work Act. The court also examined the provisions of the agreement to ensure there were no invalid elements. Ultimately, the court was satisfied that the agreement met all necessary criteria and was free from any invalid provisions. Therefore, the court approved the agreement.

As a result of the court's decision, the Downer EDI Works Pty Ltd Tasmanian Road Maintenance Enterprise Agreement 2019 was approved and will now apply to the relevant employees, providing them with the terms and conditions outlined in the agreement.

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

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established