DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Edi Works Pty Ltd T/A Downer Infrastructure
(AG2016/5687)

DOWNER INFRASTRUCTURE MELBOURNE SURFACING BUSINESS ENTERPRISE AGREEMENT 2016

Asphalt industry
COMMISSIONER LEE	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Melbourne Surfacing Business 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/As 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Downer Edi Works Pty Ltd, trading as Downer Infrastructure, which applied for the approval of the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2016. The primary dispute was the terms and conditions outlined in the agreement, including the application of the Australian Building and Construction Commission (ABCC) Levy and the validity of certain clauses.

The legal issues before the Commission included the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically in relation to the approval process for enterprise agreements, the application of the ABCC Levy, and the fairness of certain provisions in the agreement. The Commission needed to determine if the agreement met the legal criteria for approval, including whether it provided for the fair and equitable treatment of employees.

In its decision, the Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act and Regulations. The Commission approved the application for the enterprise agreement, noting that the terms were fair and reasonable. The Commission also ruled that the ABCC Levy applied to the agreement, as it was made in the context of a construction project. Additionally, the Commission held that certain clauses, which had been challenged, were valid and enforceable.

The Commission's final orders included the approval of the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2016, with the specified application of the ABCC Levy and the enforcement of the challenged clauses.

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