DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2015/827)

DOWNER INFRASTRUCTURE WA STABILISING OPERATIONS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 30 APRIL 2015

Application for approval of the Downer Infrastructure WA Stabilising Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure WA Stabilising Operations Enterprise Agreement 2015 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 30 April 2015 and, in accordance with s.54, will operate from 7 May 2015. The nominal expiry date of the Agreement is 29 April 2019.

DEPUTY PRESIDENT

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 Stabilising Operations Enterprise Agreement 2015, which was to be applied to its Western Australian employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval. The dispute centred on the fairness and compliance of the proposed agreement with relevant industrial laws.

The primary legal issues before the Commission were whether the agreement contained appropriate provisions for employee representation, the extent to which it provided for terms and conditions of employment that were fair and reasonable, and whether the agreement had been genuinely negotiated between the employer and the employees. The Commission had to ensure that the agreement did not disadvantage employees and that it adhered to the requirements of the Fair Work Act 2009.

The Commission found that the agreement was fair and reasonable, having been genuinely negotiated and meeting the necessary standards of fairness. The agreement provided for adequate employee representation and contained terms and conditions that were fair and reasonable for the employees. The Commission approved the agreement, noting that it met all the legal requirements for approval under the Fair Work Act 2009. The decision was based on the evidence presented and the overall fairness of the terms to the employees involved.

Downer EDI Works Pty Ltd T/A Downer Infrastructure

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established