DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd t/a Downer
(AG2020/970)

DOWNER UTILITIES AUSTRALIA PTY LTD TRANSMISSION (NEW SOUTH WALES, ACT, TASMANIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 APRIL 2020

Application for approval of the Downer Utilities Australia Pty Ltd Transmission (New South Wales, ACT, Tasmania, South Australia, Western Australia) Enterprise Agreement 2019.

[1] Downer has applied for approval of a single enterprise agreement known as the Downer Utilities Australia Pty Ltd Transmission (New South Wales, ACT, Tasmania, South Australia, Western Australia) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met. Further information was provided in relation to these concerns.

[3] The application as filed was not complete and contained typographical errors. The Applicant sought amendments pursuant to s.586. Further information was subsequently provided, including amended Agreement signature pages and amended Agreement pages. The amendments were not opposed. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the amended application and further information provided, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 24 April 2020 and, in accordance with s.54, will operate from 1 May 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Downer Utilities Australia Pty Ltd and a group of its employees. The dispute centred on the approval of a proposed enterprise agreement that sought to regulate the employment conditions of the employees within various states including New South Wales, the Australian Capital Territory, Tasmania, South Australia, and Western Australia. The Fair Work Commission was the judicial body tasked with deciding whether the proposed agreement met the requisite legal standards under the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the proposed enterprise agreement complied with the statutory requirements and whether it met the good faith bargaining test. Specifically, the Commission had to ensure that the agreement was made in good faith, that it was fair and reasonable, and that it did not discriminate against any class of employees. The Commission also needed to determine whether the agreement provided for appropriate processes for resolving disputes and provided for adequate protection of employees' rights and entitlements.

In its reasoning, the Commission found that the proposed agreement met the statutory requirements under the Fair Work Act. The Commission noted that the agreement was made in good faith and was fair and reasonable. The Commission also found that the agreement provided for appropriate processes for resolving disputes and provided for adequate protection of employees' rights and entitlements. The Commission was satisfied that the agreement did not discriminate against any class of employees and that it provided for appropriate protections for employees in relation to their working conditions and entitlements. The Commission concluded that the proposed agreement met the good faith bargaining test and approved the agreement.

The Fair Work Commission approved the Downer Utilities Australia Pty Ltd Transmission (New South Wales, ACT, Tasmania, South Australia, Western Australia) Enterprise Agreement 2019. The approval of the agreement ensures that the employment conditions of the employees are regulated by a legally compliant and fair agreement. The approval also provides for appropriate protections for employees in relation to their working conditions and entitlements.

Downer Utilities Australia Pty Ltd t/a Downer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established