DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd
(AG2019/1031)

DOWNER BATHURST OPERATIONS AGREEMENT 2018 - 2021

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2019

Application for approval of the Downer Bathurst Operations Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Downer Bathurst Operations Agreement 2018 - 2021 (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 EDI Works Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ 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 was approved on 17 May 2019 and, in accordance with s.54, will operate from 24 May 2019. The nominal expiry date of the Agreement is 17 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer EDI Works Pty Ltd, applied for approval of the Downer Bathurst Operations Agreement 2018-2021. The applicant sought the approval from the Federal Circuit Court of Australia. The dispute centred around the terms and conditions of the proposed agreement, which was intended to govern the operations of the applicant’s workforce within the Bathurst region over the specified period.

The court was tasked with determining whether the proposed agreement provided for fair and reasonable terms and conditions for the workers, and if it complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the statutory requirements for approval.

The court carefully examined the provisions of the agreement, considering the submissions from both the applicant and the objectors. The court concluded that the proposed agreement was fair and reasonable, and that it met all the statutory requirements for approval. The agreement provided for adequate protections for the workforce, including provisions for wages, hours of work, leave entitlements, and other relevant matters. The court was satisfied that the agreement struck an appropriate balance between the interests of the employer and the employees.

The court approved the Downer Bathurst Operations Agreement 2018-2021, and ordered that it be registered with the Fair Work Commission. The approval was subject to the terms and conditions set out in the agreement, which were deemed to be fair and reasonable. The decision was made in accordance with the provisions of the Fair Work Act 2009, and the court’s power to approve such agreements.

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