DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2016/7800)

DOWNER INFRASTRUCTURE WA WORKSHOP ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2017

Application for approval of the Downer Infrastructure WA Workshop Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure WA Workshop Enterprise Agreement 2016 (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 Infrastructure. The Agreement is a single enterprise agreement.

[2] 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer Infrastructure, applied for approval of the Downer Infrastructure WA Workshop Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The primary dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission had to determine if the agreement covered all necessary provisions, was free from prohibited content, and complied with procedural fairness requirements.

The legal issues centred on the completeness and procedural fairness of the agreement. The Commission examined whether the agreement adequately covered all mandated topics and if the process of reaching the agreement was fair and just. Additionally, the Commission needed to assess if the agreement was free from any prohibited content, such as terms that would undermine the fundamental rights of employees.

The Commission concluded that the agreement was comprehensive and included all necessary provisions as required by the Fair Work Act. It also found that the process leading to the agreement was fair, with appropriate consultation and representation of the employees. The Commission determined that the agreement did not contain any prohibited content and met all legal requirements for approval. Consequently, the Commission approved the Downer Infrastructure WA Workshop Enterprise Agreement 2016, subject to its registration.

Downer EDI Works Pty Ltd T/A Downer Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established