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

[2025] FWCA 195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Works Pty Ltd T/A Downer Edi Works Pty Ltd

(AG2024/5079)

DOWNER EDI WORKS NORTHERN TERRITORY ENTERPRISE AGREEMENT 2024

Asphalt industry
COMMISSIONER LIM	PERTH, 13 FEBRUARY 2025

Application for approval of the Downer EDI Works Pty Ltd Northern Territory Enterprise Agreement 2024

Downer Edi Works Pty Ltd Trading As Downer Edi Works Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Downer EDI Works Northern Territory Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Transport Workers’ Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 13 February 2025 and, in accordance with s 54, will operate from 20 February 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Downer Edi Works Pty Ltd applied to the Fair Work Commission for the approval of its Northern Territory Enterprise Agreement 2024. The application was brought in the context of a dispute concerning the terms and conditions of employment for workers in the Northern Territory. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with reviewing the application to ensure compliance with the relevant legal standards.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was properly negotiated and did not contain any unfair provisions. The Commission had to consider the nature of the negotiations, the representation of the employees, and whether the agreement provided adequate protections for employees, including those in casual or part-time roles.

The Commission found that the agreement was fairly and reasonably negotiated, contained appropriate terms and conditions, and did not include any unfair provisions. It was satisfied that the employer had provided adequate information and resources to ensure that the employees were properly represented in the negotiation process. The Commission also noted that the agreement included provisions that protected employees' rights and entitlements, including provisions for casual loading, penalty rates, and other benefits. Based on this, the Commission approved the agreement, finding it met the legal requirements for registration.

In approving the agreement, the Commission made an order that the Downer Edi Works Pty Ltd Northern Territory Enterprise Agreement 2024 be registered, effective from the date of the decision. This registration ensures that the terms and conditions set out in the agreement are legally enforceable and that the employees covered by the agreement are entitled to the benefits and protections it provides.

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