DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2017/6331)

DOWNER EDI WORKS QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 MAY 2018

Application for approval of the Downer EDI Works Queensland Maintenance Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Queensland Maintenance Enterprise Agreement 2017-2021 (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 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 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 13 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for approval of the Downer EDI Works Queensland Maintenance Enterprise Agreement 2017-2021. The applicant, Downer EDI Works Pty Ltd trading as Downer Infrastructure, sought approval of the agreement under section 235 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval as a single interests employer agreement and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The primary legal issue was whether the agreement was a single interests employer agreement within the meaning of section 173 of the Fair Work Act. The FWC also needed to determine if the agreement provided for fair and reasonable terms and conditions in accordance with section 235 of the Act. A key issue was whether the agreement was in the best interests of the employees, given the applicant's submission that the agreement was necessary to maintain competitiveness in the market and to ensure the long-term viability of the business. The FWC had to consider the evidence presented by both parties and assess whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the broader economic context and the interests of the employees.

After reviewing the evidence and submissions, the FWC found that the agreement was a single interests employer agreement as it related to a single employer and covered employees in a single enterprise. The FWC also found that the agreement provided for fair and reasonable terms and conditions. The FWC noted that the applicant had demonstrated that the agreement was necessary to maintain competitiveness and that it was in the best interests of the employees, given the economic context and the long-term viability of the business. The FWC concluded that the agreement met the criteria for approval under the Fair Work Act.

The FWC approved the Downer EDI Works Queensland Maintenance Enterprise Agreement 2017-2021. The approval was registered by the FWC on the Register of Approved Agreements on 29 January 2021.

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