DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Pty Ltd
(AG2015/722)

DOWNER INFRASTRUCTURE VICTORIAN ROAD MAINTENANCE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 APRIL 2015

Application for approval of the Downer Infrastructure Victorian Road Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure Victorian Road Maintenance Enterprise Agreement 2015 (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 Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 April 2015 and, in accordance with s.54, will operate from 21 April 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Works Pty Ltd T/A Downer Pty Ltd brought an application before the Fair Work Commission to approve the Downer Infrastructure Victorian Road Maintenance Enterprise Agreement 2015. The application sought to resolve disputes regarding the terms and conditions of employment for the employees covered by the agreement. The opposing party raised objections concerning various aspects of the proposed agreement, including pay rates, classification of roles, and other employment conditions. The Fair Work Commission was tasked with examining the submissions and evidence presented by both parties and determining whether the agreement met the legal requirements for approval.

The legal issues before the Commission included whether the proposed agreement complied with the Fair Work Act 2009, specifically sections that address the requirements for a registered agreement. The Commission needed to assess if the agreement provided for fair and reasonable terms and conditions, and whether it was free from any discriminatory provisions. Furthermore, the Commission had to consider if the agreement had been properly negotiated and if it adhered to the statutory requirements for bargaining and approval processes.

After considering the arguments and evidence presented by both parties, the Fair Work Commission found that the proposed agreement met the legal requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any discriminatory provisions. The Commission also concluded that the agreement had been properly negotiated and complied with the statutory requirements for bargaining and approval processes. Consequently, the Fair Work Commission approved the Downer Infrastructure Victorian Road Maintenance Enterprise Agreement 2015, resolving the disputes between the parties.

As a result of the Commission's decision, the Downer Infrastructure Victorian Road Maintenance Enterprise Agreement 2015 was approved and registered, taking effect from the date of the decision. The approved agreement now governs the terms and conditions of employment for the employees covered by the agreement, resolving the disputes between Downer EDI Works Pty Ltd T/A Downer Pty Ltd and the opposing party. The decision of the Fair Work Commission is final and binding on the parties involved in the dispute.

Downer EDI Works Pty Ltd T/A Downer Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established