Downer Utilities Australia Pty Ltd T/A Downer Summary

[2019] FWCA 6831

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer

(AG2019/3083)

Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2019 - 2022

Oil and gas industry
Commissioner Gregory	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2019 - 2022.

An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2019 - 2022 (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 T/A Downer. The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Transport Workers’ Union of Australia 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer Utilities Australia Pty Ltd (T/A Downer) applied to the Fair Work Commission for approval of the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2019 - 2022. The application was opposed by the Transport and General Workers Union. The Fair Work Commission was required to determine whether the agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions and whether it was certified by an independent certifier.

The central legal issue before the Commission was whether the enterprise agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission considered the submissions of the parties and examined the terms of the agreement, including the provisions relating to pay rates, penalties, rosters, and leave entitlements. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and that it met the requirements of section 230 of the Fair Work Act. The Commission also found that the agreement had been certified by an independent certifier in accordance with the Act.

The Fair Work Commission approved the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2019 - 2022. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and that it met the requirements of section 230 of the Fair Work Act. The Commission also found that the agreement had been certified by an independent certifier in accordance with the Act. The Transport and General Workers Union's opposition to the agreement was dismissed.

Downer Utilities Australia Pty Ltd T/A Downer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established