DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2018/771)

DOWNER INFRASTRUCTURE EMULSION OPERATIONS BUSINESS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JUNE 2018

Application for approval of the Downer Infrastructure Emulsion Operations Business Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Emulsion Operations Business Enterprise Agreement 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Downer EDI Works Pty Ltd, trading as Downer Infrastructure, applied for approval of the Downer Infrastructure Emulsion Operations Business Enterprise Agreement 2017. The applicant and the respondents, represented by the United Voice union, had reached an agreement for the terms and conditions of employment of certain employees within the emulsion operations division. The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and was otherwise compliant with the legislative framework.

The Commission meticulously reviewed the agreement, examining various provisions such as pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The analysis included assessing whether the agreement's terms aligned with the principles of procedural and substantive fairness. The Commission also considered submissions from both parties, including evidence regarding the negotiation process and the context in which the agreement was made. Ultimately, the Commission found that the agreement satisfied all the legal criteria for approval, noting that it provided fair and reasonable terms and conditions and was not affected by any form of coercion or undue influence.

Consequently, the Commission approved the Downer Infrastructure Emulsion Operations Business Enterprise Agreement 2017, recognising it as a valid and enforceable agreement under the Fair Work Act. This decision affirmed the agreement's compliance with all relevant legal standards and facilitated the continuation of the terms and conditions for the employees involved. The approval ensures that the parties can proceed with the implementation of the agreement, providing clarity and certainty in their industrial relations.

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