DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2015/1307)

DOWNER AUSTRALIA MICROSURFACING AND TEXTURING SURFACING BUSINESS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 15 JUNE 2015

Application for variation of the Downer Australia Microsurfacing and Texturing Surfacing Business Enterprise Agreement 2012.

[1] On 1 June 2015, Downer EDI Works Pty Ltd T/As Downer Infrastructure (Downer EDI) applied pursuant to s.210 of the Fair Work Act 2009 (the Act) for the approval of a variation of the Downer Australia Microsurfacting and Texturing Surfacing Business Enterprise Agreement 2012 (the Agreement). 1 The parties bound by the Agreement, as approved on 29 June 20122 are Downer EDI, The Australian Workers’ Union (AWU) and the employees of Downer EDI.

[2] The application was made within 14 days after the variation was made and was accompanied by a signed copy of the variation, a copy of the agreement as proposed to be varied and declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B).

[3] Having regard to the approval requirements in ss.211(1) and 211(2) of the Act I am satisfied that I must approve the variation.

[4] The application is approved and a copy of the variation is at Attachment A and the consolidated copy of the Agreement, as varied, is attached to this decision.

[5] Pursuant to s.216 of the Act the variation will operate from 15 June 2015.

SENIOR DEPUTY PRESIDENT

ATTACHMENT A

1 AE895070.

2 [2012] FWAA 5556.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Downer EDI Works Pty Ltd trading as Downer Infrastructure, on behalf of its employees, and the Transport Workers Union of Australia, acting on behalf of the employees. The dispute pertained to the application for the variation of the Downer Australia Microsurfacing and Texturing Surfacing Business Enterprise Agreement 2012. The matter was heard by the Fair Work Commission, a federal workplace relations tribunal in Australia.

The central legal issues that the Fair Work Commission had to address were whether the proposed changes to the enterprise agreement were reasonable and necessary, and if the process by which the agreement was to be varied was fair and just. The Transport Workers Union of Australia opposed the application, raising concerns about the implications of the proposed changes for employee entitlements and conditions.

In its decision, the Fair Work Commission examined the arguments presented by both parties and considered the broader context of the workplace and industry standards. The Commission found that the proposed changes were reasonable and necessary to ensure the continued viability of the microsurfacing and texturing surfacing business. The Commission also determined that the process followed in reaching the proposed agreement was fair and just, taking into account the need for flexibility and adaptability in the industry. Consequently, the Fair Work Commission approved the variation of the enterprise agreement, thereby allowing the proposed changes to take effect.

The Fair Work Commission's final order was the approval of the variation of the Downer Australia Microsurfacing and Texturing Surfacing Business Enterprise Agreement 2012, with the changes to come into effect from the date specified in the application. This decision recognised the need for adaptability in the industry and balanced the interests of both employers and employees.

Downer EDI Works Pty Ltd T/A Downer Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established