Downer Utilities Australia Pty Ltd Summary

[2024] FWCA 1938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd

(AG2024/1461)

DOWNER UTILITIES AUSTRALIA PTY LTD METER READERS ENTERPRISE AGREEMENT 2024

Oil and gas industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 MAY 2024

Application for approval of the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 June 2024. The nominal expiry date of the Agreement is 28 May 2027.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought by Downer Utilities Australia Pty Ltd, seeking approval of the Meter Readers Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, the relevant body for resolving disputes concerning industrial relations and employment in Australia. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included verifying that the agreement was made in good faith, that it provided for the proper classification of employees, and that it included minimum rates of pay and conditions as mandated by the Act.

The Commission examined the evidence presented regarding the negotiation process and the contents of the agreement. It assessed whether the agreement was genuinely negotiated and whether it covered all necessary terms and conditions. The Commission also considered the impact of the agreement on the employees, including whether the proposed terms and conditions were fair and reasonable. After reviewing the submissions and evidence, the Commission found that the agreement was made in good faith, was genuinely negotiated, and met all statutory requirements for approval.

The Fair Work Commission approved the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2024, confirming that it complied with the Fair Work Act. The decision highlighted the importance of ensuring that all terms and conditions in such agreements are fair and reasonable and that they meet the statutory requirements for approval. The Commission's decision provides clarity for both the employer and employees regarding the terms of their employment moving forward.

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