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

[2025] FWCA 142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/5090)

DOWNER ANCILLARY SERVICES AGREEMENT 2024

Asphalt industry
COMMISSIONER YILMAZ	MELBOURNE, 21 JANUARY 2025

Application for approval of the Downer Ancillary Services Agreement 2024

An application has been made for approval of an enterprise agreement known as the Downer Ancillary Services Agreement 2024 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 28 January 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in this case were Downer Edi Works Pty Ltd and its employees. The dispute involved the application for approval of the Downer Ancillary Services Agreement 2024, which sought to alter the terms and conditions of employment for the employees. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed changes in the Downer Ancillary Services Agreement 2024 were consistent with the requirements of the Fair Work Act 2009 and whether they could be approved as a registered agreement. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the broader economic and employment context. The dispute also involved the procedural fairness in the negotiation and execution of the agreement, ensuring that all parties had an opportunity to engage in the process.

The Commission found that the proposed agreement was fair and reasonable, as it provided for terms and conditions that were consistent with industry benchmarks and took into account the economic conditions and the needs of both employers and employees. The Commission was satisfied that the negotiation process was fair, and all parties had an opportunity to be heard. Therefore, the application for approval of the Downer Ancillary Services Agreement 2024 was granted.

The Fair Work Commission approved the Downer Ancillary Services Agreement 2024 as a registered agreement, effective from the date of the decision. The agreement was to be registered in accordance with the provisions of the Fair Work Act 2009, and the terms and conditions set out in the agreement would apply to the employees of Downer Edi Works Pty Ltd.

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