Downer Utilities Australia Pty Ltd Summary

[2024] FWCA 2763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd

(AG2024/2004)

DOWNER AND VENTIA JOINT VENTRES (WATER AND ASSOCIATED UTILITIES MAINTENANCE SERVICES - QUEENSLAND) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2024

Application for approval of the Downer and Ventia Joint Ventures (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement 2023.

Downer Utilities Australia Pty Ltd and Ventia Utility Services have made an application for approval of an enterprise agreement known as the Downer and Ventia Joint Ventures (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement 2023 (Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Commission, including the application and accompanying declarations, I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application for approval has been met. In accordance with s 186(1), the Commission must therefore approve the Agreement.

The following organisations, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them: the Construction, Forestry and Maritime Employee Union; the Australian Workers Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union. As required by 201(2), I note that the Agreement covers these organisations.

The Agreement was approved on 30 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE525586 PR777587

CaseChat Overview and Summary

The applicant, Downer Utilities Australia Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The dispute involved the terms of the proposed agreement, specifically regarding the classification of employees and their entitlements. The matter was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The legal issues before the court included whether the proposed enterprise agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009, and whether it appropriately balanced the rights and obligations of both the employer and the employees. The court had to determine if the agreement was fair and reasonable, considering the interests of both parties, and if it met the criteria for approval as outlined in the legislation.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail, considering the submissions from both parties and the broader context of industrial relations in Australia. The Commission found that the agreement was fair and reasonable, taking into account the nature of the work, the interests of the employees, and the legitimate business needs of the employer. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and approved the enterprise agreement.

The Fair Work Commission ordered the approval of the Downer and Ventia Joint Ventures (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement 2023. The agreement was to be registered and would govern the employment conditions of the relevant employees from the date of approval.

Downer Utilities Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established