DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2017/6018)

DOWNER EDI WORKS QUEENSLAND ENTERPRISE AGREEMENT 2017-2020

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 MAY 2018

Application for approval of the Downer EDI Works Queensland Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Queensland Enterprise Agreement 2017-2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 7 May 2018 and, in accordance with s.54, will operate from 14 May 2018. The nominal expiry date of the Agreement is 14 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Downer EDI Works Pty Ltd, trading as Downer Infrastructure, sought approval of the Downer EDI Works Queensland Enterprise Agreement 2017-2020 from the Fair Work Commission. The applicant, a civil engineering and infrastructure company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) had entered into an enterprise agreement which the applicant sought to have certified as compliant with the Fair Work Act 2009. The CFMEU contested the application, arguing that certain provisions of the agreement were not in accordance with the Act.

The court was required to determine whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. This involved examining the processes followed in the negotiation and drafting of the agreement, as well as the content of the agreement itself to ensure it met the legislative criteria for certification. The court had to consider whether the agreement was fairly negotiated, whether it contained the necessary minimum terms and conditions, and whether it complied with any relevant industrial instruments.

The Fair Work Commission found that the applicant had demonstrated that the agreement had been fairly negotiated, contained the minimum terms and conditions required by the Act, and was consistent with relevant industrial instruments. The Commission held that the agreement was appropriately drafted and met all the necessary statutory requirements for certification. The court rejected the union's arguments and approved the enterprise agreement.

In light of the findings, the Fair Work Commission certified the Downer EDI Works Queensland Enterprise Agreement 2017-2020 as meeting the requirements of the Fair Work Act. The agreement was therefore approved and became legally binding on the parties from the date of the Commission's decision.

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