DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd
(AG2021/4285)

DOWNER EDI WORKS WA WORKSHOP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 APRIL 2021

Application for approval of the Downer EDI Works WA Workshop Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Downer EDI Works WA Workshop Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2021. The nominal expiry date of the Agreement is 7 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd applied to the Fair Work Commission for approval of the Downer EDI Works WA Workshop Enterprise Agreement 2021. The applicant argued that the agreement met the requirements of the Fair Work Act 2009. The applicant contended that the agreement was fairly negotiated and met the criteria for approval under the Act. The respondent raised concerns about the fairness of the agreement, particularly in relation to certain clauses.

The key legal issues before the Commission were whether the agreement was fairly negotiated and met the criteria for approval under the Fair Work Act 2009. The Commission considered the evidence provided by both parties and examined the agreement in detail. The Commission found that the agreement was fairly negotiated and met the criteria for approval. The Commission noted that the agreement provided for reasonable terms and conditions of employment and met the requirements of the Act.

The Commission approved the Downer EDI Works WA Workshop Enterprise Agreement 2021, finding that it was fairly negotiated and met the criteria for approval under the Fair Work Act 2029. The Commission rejected the respondent's concerns about the fairness of the agreement and found that the agreement provided for reasonable terms and conditions of employment. The Commission's decision was based on the evidence provided by both parties and its own examination of the agreement. The applicant's application for approval of the agreement was successful.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established