DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd
(AG2021/120)

DOWNER UTILITIES URBANGRID WA ENTERPRISE AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 MARCH 2021

Application for approval of the Downer Utilities UrbanGrid WA Enterprise Agreement 2020.

[1] Downer Utilities Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Downer Utilities UrbanGrid WA Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation),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 organisation is covered by the Agreement.

[6] The Agreement was approved on 4 March 2021 and, in accordance with s 54, will operate from 11 March 2021. The nominal expiry date of the Agreement is 11 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Downer Utilities Australia Pty Ltd recently faced an application in the Fair Work Commission concerning the approval of the Downer Utilities UrbanGrid WA Enterprise Agreement 2020. The dispute arose from the negotiations between the employer and the employees represented by the Electrical Trades Union of Australia. The application was brought by the employer, seeking the Commission's approval of the enterprise agreement, which aimed to govern the terms and conditions of employment for the employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for terms and conditions that were not less favourable than the relevant award or safety net award, and whether it satisfied the requirements for good faith bargaining and procedural fairness. Furthermore, the Commission had to consider whether the agreement met the criteria for being a single, indivisible enterprise agreement as required by the legislation.

In rendering its decision, the Commission meticulously examined the content of the proposed agreement against the statutory benchmarks. The Commission found that the agreement did not provide terms and conditions that were less favourable than the relevant safety net award. Additionally, it was satisfied that the bargaining process adhered to the principles of good faith and procedural fairness. The Commission concluded that the agreement was indeed a single, indivisible enterprise agreement, as required by law. Consequently, the application for approval was successful.

The Fair Work Commission approved the Downer Utilities UrbanGrid WA Enterprise Agreement 2020, thereby setting the terms and conditions of employment for the employees as per the agreement. This decision ensures that the enterprise agreement will govern the workplace relations between the employer and the employees, providing a clear framework for their future interactions.

Downer Utilities Australia 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