DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd
(AG2020/1624)

DOWNER (SOUTH COAST AREA) & AWU AGREEMENT 2019

Asphalt industry
DEPUTY PRESIDENT CROSS	SYDNEY, 25 AUGUST 2020

Application for approval of the Downer (South Coast Area) & AWU Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Downer (South Coast Area) & AWU Agreement 2019 (‘the Agreement’). The application was made by Downer EDI Works Pty Ltd (‘the Applicant’) pursuant to s.185 of the Fair Work Act 2009 (Cth) (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers’ Union (‘the AWU’), have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd applied to the Fair Work Commission for the approval of the Downer (South Coast Area) & AWU Agreement 2019. The Australian Workers’ Union was the bargaining representative for the employees of Downer EDI Works. The union and Downer EDI Works had negotiated a new enterprise agreement that was to replace the existing agreement, which was due to expire in August 2019. The union submitted that the new agreement contained appropriate terms and conditions for the employees, and that it complied with the relevant provisions of the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement was in the interests of the employees and whether it complied with the Act. The Commission had to consider whether the agreement provided for appropriate terms and conditions, and whether it was free from any unfair content. The Commission also had to consider whether the agreement was properly negotiated and whether it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement was in the interests of the employees and that it complied with the Act. The Commission considered that the agreement provided for appropriate terms and conditions, including provisions for wages, hours of work, leave, and other employment conditions. The Commission also found that the agreement was free from any unfair content, and that it was properly negotiated. The Commission noted that the agreement contained a provision for the payment of a signing on fee to union members, but found that this was not unfair as it was a genuine benefit to the employees. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act, and approved the agreement.

The Fair Work Commission approved the Downer (South Coast Area) & AWU Agreement 2019, effective from 1 September 2019.

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