Downer EDI Works Pty Ltd T/A Downer Infrastructure

Case [2018] FWCA 6736


[2018] FWCA 6736
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2018/2554)

DOWNER (FORBES/NARRANDERA AREA) ENTERPRISE AGREEMENT 2018

Asphalt industry

DEPUTY PRESIDENT MASSON

MELBOURNE, 31 OCTOBER 2018

Application for approval of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Downer (Forbes/Narrandera Area) Enterprise Agreement 2018 (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 Employer 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 7 November 2018. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

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Annexure A

Details
AGLC
Downer EDI Works Pty Ltd T/A Downer Infrastructure [2018] FWCA 6736
Case
[2018] FWCA 6736
Decision Date

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Downer EDI Works Pty Ltd, trading as Downer Infrastructure, seeking approval of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2018. The dispute centred around the terms and conditions of employment for employees within the Forbes and Narrandera areas, aiming for an agreement that would govern their workplace relations.

The legal issues before the court were primarily whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "single enterprise agreement," whether it contained the minimum terms and conditions mandated by the Act, and if it adhered to procedural fairness requirements, including proper consultation with employee representatives.

The Fair Work Commission found that the proposed agreement did indeed meet the criteria for a single enterprise agreement and contained the necessary minimum terms and conditions. The commission also concluded that the process of consultation with employee representatives was conducted appropriately, ensuring procedural fairness. As such, the commission approved the Downer (Forbes/Narrandera Area) Enterprise Agreement 2018.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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