Downer Utilities Australia Pty Ltd

[2018] FWCA 4267

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd

(AG2018/1511)

Utilita (Water and Associated Utilities Maintenance Services-Queensland) Enterprise Agreement 2018

Building, metal and civil construction industries
Deputy President Colman	MELBOURNE, 19 JULY 2018

Application for approval of the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer Utilities Australia Pty Ltd. The agreement is a single enterprise agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 19 July 2018 and, in accordance with s.54, will operate from 26 July 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer Utilities Australia Pty Ltd recently applied to the Fair Work Commission for approval of the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2018. The applicant, Downer Utilities Australia, sought to have the enterprise agreement approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers within the water and associated utilities maintenance services sector in Queensland.

The legal issues before the Fair Work Commission centred on whether the agreement met the requirements of the Fair Work Act, particularly in relation to its coverage, the process by which it was negotiated, and the provisions it contained. The Commission needed to determine if the agreement was in the interests of the workers it covered, if it provided for the direct resolution of workplace issues, and whether it complied with the procedural requirements of the Act.

The Commission found that the agreement met the necessary criteria. It was negotiated in good faith and covered a defined group of employees. The Commission also determined that the agreement's provisions were fair and reasonable and that it provided for the direct resolution of workplace issues. The agreement was approved, ensuring that the workers would benefit from the terms and conditions outlined within it.

The Fair Work Commission approved the enterprise agreement, confirming that it met the necessary legislative requirements and was in the best interests of the employees it covered. The decision provided clarity for both the employer and the employees regarding the terms of their employment, ensuring that the agreement would operate effectively within the Queensland water and associated utilities maintenance services sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established