Downer EDI Works Pty Ltd T/A Downer Infrastructure

[2014] FWCA 1825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2014/490)

DOWNER INFRASTRUCTURE TASMANIAN OPERATIONS ENTERPRISE AGREEMENT 2013

Tasmania
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 19 MARCH 2014

Application for approval of the Downer Infrastructure Tasmanian Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Tasmanian Operations Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2014. The nominal expiry date of the Agreement is 30 September 2016.

[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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd, trading as Downer Infrastructure, applied for approval of the Downer Infrastructure Tasmanian Operations Enterprise Agreement 2013. The applicant sought to have the agreement approved by the Fair Work Commission, which would make it binding upon the parties. The dispute arose from negotiations between the employer and the employees' union, which led to the creation of the agreement. The Fair Work Commission was the relevant court in this matter.

The legal issues before the court centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining whether the agreement was in writing, provided for the terms and conditions of employment, and was fair and reasonable. The court also needed to consider whether the agreement complied with the procedural requirements for approval, including the provision of a copy of the agreement to the employees and the Fair Work Ombudsman, and whether there had been proper bargaining between the parties.

The court found that the agreement met all the statutory requirements for approval. It was in writing and provided for the terms and conditions of employment. The court also found that the agreement was fair and reasonable, taking into account the interests of both the employer and employees. The court was satisfied that the procedural requirements for approval had been met, including proper bargaining between the parties. The court approved the agreement, making it binding upon the parties.

The court's decision was final and binding upon the parties. The agreement was approved and would now govern the terms and conditions of employment for the employees covered by the agreement. The court's decision provided certainty and stability to the employer-employee relationship, and ensured that the agreement was fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established