DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Pty Ltd
(AG2015/5750)

DOWNER VICTORIAN CONSTRUCTION OPERATIONS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 OCTOBER 2015

Application for approval of the Downer Victorian Construction Operations Enterprise Agreement 2015

[1] An application has been made for approval of an enterprise agreement known as the Downer Victorian Construction Operations 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] 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.

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

[5] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 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 sought approval for the Downer Victorian Construction Operations Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The central issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the definition of the covered employees and the procedural fairness of the agreement. The applicant argued that the agreement was fair and reasonable and that it adhered to all statutory provisions.

The court examined the procedural fairness of the agreement, considering whether there was adequate consultation with the employees and whether the agreement had been properly negotiated. It also scrutinised the definition of employees to ensure it was not overly broad or narrowly restrictive. The court found that there had been sufficient consultation and that the agreement had been negotiated in good faith. It also concluded that the definition of employees was appropriate and did not unfairly exclude any group of workers.

The court approved the enterprise agreement, stating that it met all the legal requirements and was fair and reasonable. It acknowledged the efforts made by the parties to ensure that the agreement was properly negotiated and that employees were adequately consulted. The court noted that the agreement provided a fair and balanced framework for the employment relationship and was in line with the principles of the Fair Work Act. The final orders of the court confirmed the approval of the Downer Victorian Construction Operations Enterprise Agreement 2015.

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