DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure Services
(AG2016/3317)

DOWNER BATHURST OPERATIONS AGREEMENT 2014

Asphalt industry
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the Downer Bathurst Operations Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer Bathurst Operations Agreement 2014 (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 Services. 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] 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 Agreement was approved on 6 July 2016 and, in accordance with s.54, will operate from 13 July 2016. The nominal expiry date of the Agreement is 1 December 2017.

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 Services, sought approval for the Downer Bathurst Operations Agreement 2014. The application was brought before the Fair Work Commission under the Fair Work Act 2009. The agreement in question was proposed to be an enterprise agreement between the applicant and its employees, seeking to establish terms and conditions of employment for a specified period.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements under the Fair Work Act, particularly in relation to the process by which the agreement was formed. It was essential to determine if the agreement was genuinely negotiated, if it was made in good faith, and if it complied with the procedural prerequisites set forth in the Act. The Commission needed to consider submissions from both the applicant and the employees' representative, as well as the broader implications for fair and effective industrial relations.

The Commission examined the evidence and submissions presented, assessing whether the agreement was indeed the product of genuine negotiations and made in good faith. It was found that the agreement was negotiated between the parties, and that the process adhered to the legislative requirements. The Commission concluded that the agreement was validly formed and met the necessary standards for approval. Consequently, the Commission approved the Downer Bathurst Operations Agreement 2014.

The Fair Work Commission approved the Downer Bathurst Operations Agreement 2014, recognising it as a genuine enterprise agreement that met the statutory requirements of the Fair Work Act.

Downer EDI Works Pty Ltd T/A Downer Infrastructure Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established