DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2016/6691)

DOWNER INFRASTRUCTURE BITUMEN PRODUCTION ENTERPRISE AGREEMENT 2016

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Downer Infrastructure Bitumen Production Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Bitumen Production 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Downer EDI Works Pty Ltd T/A Downer Infrastructure, the Fair Work Commission was tasked with approving the Downer Infrastructure Bitumen Production Enterprise Agreement 2016. The application for approval was brought forth by the employer, Downer Infrastructure, and the union, United Voice, representing the employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission had to determine if the agreement complied with the procedural and substantive criteria outlined in the legislation.

The primary legal issues before the court were whether the agreement was genuinely negotiated and whether it provided for a fair and efficient workplace. The court examined the process of negotiation, including whether the union and employer had genuinely attempted to reach an agreement and if the union had the appropriate authorisation to represent the employees. Additionally, the court assessed if the agreement contained all the mandatory terms and conditions required by the Fair Work Act, such as minimum wage rates, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and that the union had the proper authorisation to represent the employees. The court further determined that the agreement satisfied all the mandatory terms and conditions stipulated by the Fair Work Act. The Commission approved the Downer Infrastructure Bitumen Production Enterprise Agreement 2016, finding it to be fair and efficient for the workplace. The decision was based on the evidence presented that the agreement had been negotiated in good faith and provided for the protection of employee rights and interests.

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