DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2014/7794)

DOWNER INFRASTRUCTURE (HUME/ACT) & THE CFMEU AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Downer Infrastructure(Hume/ACT) & the CFMEU Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure (Hume/ACT) & the CFMEU Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd T/A Downer Infrastructure. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Downer EDI Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Mining and Energy 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) of the Act I note that the Agreement covers this organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement 1 July 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Works Pty Ltd, trading as Downer Infrastructure, applied for the approval of the Downer Infrastructure (Hume/ACT) & the CFMEU Agreement 2014. The application was heard in the Fair Work Commission, which was the appropriate tribunal to adjudicate on the matter due to its jurisdiction over employment and industrial relations matters. The dispute arose from a proposed enterprise agreement between Downer Infrastructure and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), with the agreement being subject to approval by the Commission.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, specifically whether it contained the necessary provisions for pay and conditions, and whether it was fair and reasonable. The Commission had to assess if the agreement met the criteria for approval, which included ensuring that it did not undermine the rights of employees and that it provided for a fair and efficient workplace. Additionally, the Commission had to determine if the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement met the requirements of the Fair Work Act and was fair and reasonable. The agreement contained all the necessary provisions for pay and conditions, and the Commission was satisfied that it did not undermine the rights of employees. The Commission also noted that the agreement provided for a fair and efficient workplace and was in the best interests of both the employees and the employer. As a result, the Commission approved the agreement, and it is now a legally binding enterprise agreement between Downer Infrastructure and the CFMEU.

The Fair Work Commission approved the Downer Infrastructure (Hume/ACT) & the CFMEU Agreement 2014, and the agreement is now a legally binding enterprise agreement between the parties. The Commission's decision was based on the finding that the agreement met the requirements of the Fair Work Act, provided for a fair and efficient workplace, and was in the best interests of both the employees and the employer.

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