DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2018/866)

DOWNER INFRASTRUCTURE TASMANIAN OPERATIONS ENTERPRISE AGREEMENT 2016

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the Downer Infrastructure Tasmanian Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Tasmanian Operations Enterprise Agreement 2016 (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.

[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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 30 September 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 Tasmanian Operations Enterprise Agreement 2016 before the Fair Work Commission. The agreement in question governs the employment terms of workers within Downer Infrastructure's Tasmanian operations, and the application sought to have the agreement approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the formal requirements for approval, and whether it complied with the substantive fairness test. This involved examining whether the agreement was genuinely negotiated, free from coercion or undue influence, and provided for appropriate minimum terms.

The Commission examined the negotiation process to ensure it met the statutory requirements, and assessed whether the agreement contained all the mandated minimum terms. In considering the substantive fairness, the Commission scrutinised the agreement's provisions to determine if they provided fair and reasonable terms and conditions of employment. The Commission also assessed if the agreement allowed for appropriate dispute resolution mechanisms. After a thorough examination, the Commission was satisfied that the agreement had been genuinely negotiated, was free from coercion, and included all the required minimum terms. Furthermore, the Commission found that the agreement provided for fair and reasonable terms and conditions, and contained adequate dispute resolution processes.

The Fair Work Commission approved the Downer Infrastructure Tasmanian Operations Enterprise Agreement 2016, finding that it met the statutory requirements and passed the substantive fairness test. The agreement was deemed to provide for appropriate minimum terms and conditions, and allowed for fair and reasonable employment terms. The Commission also noted that the agreement contained adequate provisions for the resolution of workplace disputes. The approval of the agreement ensures that the workers covered by the agreement will have a legally binding framework governing their employment terms 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