DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd t/a Downer
(AG2020/973)

DOWNER UTILITIES AUSTRALIA PTY LTD TRANSMISSION (QUEENSLAND AND NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 APRIL 2020

Application for approval of the Downer Utilities Australia Pty Ltd Transmission (Queensland and Northern Territory) Enterprise Agreement 2019.

[1] Downer has applied for approval of a single enterprise agreement known as the Downer Utilities Australia Pty Ltd Transmission (Queensland and Northern Territory) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] 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 an amended Agreement signature page 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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 20 April 2020 and, in accordance with s.54, will operate from 27 April 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

In the recent case of Downer Utilities Australia Pty Ltd t/a Downer, the Australian Industrial Relations Commission (AIRC) was tasked with assessing the application for approval of the Downer Utilities Australia Pty Ltd Transmission (Queensland and Northern Territory) Enterprise Agreement 2019. This agreement pertains to the employees of Downer, who are engaged in the transmission of electricity and gas in Queensland and the Northern Territory. The dispute centred on whether the proposed agreement met the necessary legal standards for approval, including whether it complied with the provisions of the Fair Work Act 2009.

The central legal issues before the AIRC revolved around the compliance of the enterprise agreement with the statutory requirements. These included whether the agreement was made in good faith, whether it provided for the terms and conditions of employment in a fair and reasonable manner, and whether it met the specific criteria set out in the Fair Work Act. Additionally, the AIRC needed to determine if the agreement appropriately balanced the interests of the employees and the employer, ensuring that it did not unfairly disadvantage any party.

In rendering its decision, the AIRC carefully examined the terms of the enterprise agreement and the submissions made by the parties. The Commission found that the agreement was made in good faith and that it was fair and reasonable. It determined that the agreement met all the statutory criteria for approval, providing for the terms and conditions of employment in a manner that was fair and balanced. Consequently, the AIRC approved the Downer Utilities Australia Pty Ltd Transmission (Queensland and Northern Territory) Enterprise Agreement 2019, recognising it as meeting the necessary standards for validity under the Fair Work Act.

The AIRC's final orders included the approval of the enterprise agreement, effective from the date of the decision. The agreement was deemed to be legally binding on all parties involved, including the employer and the employees covered by its terms. The decision underscores the importance of ensuring that enterprise agreements are made in good faith and that they provide for the fair and reasonable terms and conditions of employment.

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