DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Edi Works Pty Ltd T/A Downer Infrastructure
(AG2016/4775)

DOWNER TRAFFIC MANAGEMENT ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the Downer Traffic Management Enterprise Agreement 2016 - 2020 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Downer Traffic Management Enterprise Agreement 2016 - 2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 9 September 2016 and, in accordance with s.54, will operate from 16 September 2016. The nominal expiry date of the Agreement is 9 September 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, sought approval for the Downer Traffic Management Enterprise Agreement 2016-2020 (Agreement) from the Fair Work Commission. The dispute arose in the context of industrial relations, specifically concerning the terms and conditions of employment for workers within the traffic management sector. The Commission was tasked with determining whether the Agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Agreement complied with the requirements for enterprise agreements under the Fair Work Act. This included examining whether the Agreement had been fairly negotiated and whether it contained the necessary provisions for pay and conditions, including minimum rates of pay, penalty rates, and leave entitlements. Additionally, the Commission needed to assess if the Agreement included appropriate dispute resolution mechanisms and met the criteria for simplicity and accessibility.

The Fair Work Commission found that the Agreement met the necessary standards for approval. The Commission highlighted that the Agreement had been negotiated in good faith and contained all the required provisions, including minimum pay rates, penalty rates, and leave entitlements. The Commission also noted that the Agreement included provisions for dispute resolution, which were considered adequate. Consequently, the Commission approved the Agreement, recognising that it provided a fair and reasonable framework for the employment of workers in the traffic management industry.

The Fair Work Commission approved the Downer Traffic Management Enterprise Agreement 2016-2020, effective from 1 March 2016 for a period of four years. The Commission's decision was based on the finding that the Agreement met all the necessary legal requirements, including those relating to good faith negotiation and the inclusion of appropriate provisions for pay and conditions.

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