DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2017/2468)

DOWNER INFRASTRUCTURE BITUMEN PRODUCTION ENTERPRISE AGREEMENT 2016

Asphalt industry
COMMISSIONER WILLIAMS	PERTH, 3 JULY 2017

Application for variation of the Downer Infrastructure Bitumen Production Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of the Downer Infrastructure Bitumen Production Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Downer EDI Works Pty Ltd T/A Downer Infrastructure. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the recent decision of Downer EDI Works Pty Ltd T/A Downer Infrastructure, the Fair Work Commission was tasked with considering an application for the variation of the Downer Infrastructure Bitumen Production Enterprise Agreement 2016. This matter arose as a consequence of negotiations between Downer Infrastructure and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms of the enterprise agreement. The crux of the dispute centred on the parties' inability to reach a consensus on certain aspects of the agreement, necessitating intervention by the Commission.

The primary legal issues before the Commission were whether the proposed variations to the existing agreement were fair and reasonable, and whether they met the statutory criteria for approval under the Fair Work Act 2009. The application hinged on the interpretation and application of various sections of the Act, including those relating to the fairness test and the process for approving enterprise agreements. The Commission had to carefully weigh the submissions from both parties, considering the implications of the proposed changes on the employees and the employer.

In delivering its decision, the Commission meticulously examined the evidence and submissions from both Downer Infrastructure and the CFMEU. It found that the proposed variations were fair and reasonable, taking into account the economic and operational context of the bitumen production enterprise. The Commission concluded that the variations would not adversely affect the employees' conditions of employment and were in line with the objectives of the Fair Work Act. Consequently, the application for variation was approved, leading to the adoption of the amended enterprise agreement.

The Fair Work Commission's decision was grounded in a comprehensive analysis of the statutory framework and the specific circumstances of the case. By approving the variation, the Commission ensured that the enterprise agreement would better reflect the contemporary needs and conditions of the bitumen production industry, while also safeguarding the interests of the employees involved.

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