DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2015/559)

DOWNER EDI WORKS PTY LTD WESTERN AUSTRALIA CIVIL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 APRIL 2015

Application for approval of the Downer EDI Works Pty Ltd Western Australia Civil Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Western Australia Civil 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. 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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 16 April 2015 and, in accordance with s.54, will operate from 23 April 2015. The nominal expiry date of the Agreement is 16 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Downer EDI Works Pty Ltd Western Australia (the company) sought approval of the Downer EDI Works Pty Ltd Western Australia Civil Enterprise Agreement 2015 from the Fair Work Commission (the Commission). The applicant union, the Electrical Trades Union of Australia (the union), opposed the application on the grounds that the agreement did not adequately protect the rights and entitlements of employees. The company submitted that the agreement was fair and reasonable, and that the union's objections were unfounded. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for the appropriate balance between the rights and interests of employees and employers, and whether it was in the best interests of the employees.

The Commission found that the agreement met the criteria for approval. It noted that the agreement provided for a number of benefits for employees, including increased wages, improved working conditions, and better access to training and development opportunities. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and grievances, and that it included provisions for the protection of employees' rights and entitlements. The Commission rejected the union's arguments that the agreement was unfair and unreasonable, and held that it was in the best interests of the employees.

The Commission approved the Downer EDI Works Pty Ltd Western Australia Civil Enterprise Agreement 2015, subject to certain modifications. The modifications related to the agreement's provisions on overtime, shift allowances, and penalty rates. The Commission found that these provisions were not in the best interests of the employees and that they needed to be amended to ensure that they provided appropriate protections for employees' rights and entitlements. The company and the union were given the opportunity to negotiate the modifications and to seek further review of the Commission's decision if necessary.

DOWNER EDI WORKS PTY LTD WESTERN AUSTRALIA CIVIL ENTERPRISE AGREEMENT 2015

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established