DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2017/5232)

DOWNER INFRASTRUCTURE WA ROAD SERVICES ENTERPRISE AGREEMENT 2017

Asphalt industry
COMMISSIONER MCKINNON	MELBOURNE, 19 MARCH 2018

Application for approval of the Downer Infrastructure WA Road Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure WA Road Services 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] 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 26 March 2018. The nominal expiry date of the Agreement is 18 March 2021.

COMMISSIONER

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 WA Road Services Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion.

The Commission examined the negotiation process and the content of the agreement. It assessed whether the agreement was genuinely negotiated between the parties and whether it contained provisions that were fair and reasonable. The Commission also considered whether the agreement met the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under their previous conditions of employment. The Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions and that employees were not disadvantaged by the new agreement.

Accordingly, the Fair Work Commission approved the Downer Infrastructure WA Road Services Enterprise Agreement 2017. The Commission's decision was based on the evidence presented and its assessment that the agreement complied with the relevant statutory provisions. The approval of the agreement was a significant step in formalising the terms and conditions of employment for the employees covered by the agreement.

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