DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer
(AG2018/495)

DOWNER UTILITIES AUSTRALIA PTY LTD (GAS) ENTERPRISE AGREEMENT 2016-2019

Oil and gas industry
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2018

Application for approval of the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2016-2019 (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.

[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] Subject to the undertakings referred to above, 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.

[4] The Transport Workers’ Union of Australia, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by Downer Utilities Australia Pty Ltd, trading as Downer, to the Fair Work Commission for approval of the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2016-2019. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around whether the agreement met the criteria for approval, specifically the requirement that it facilitated the efficient operation of the business and did not adversely affect the workforce. The case was heard by the Fair Work Commission, which has jurisdiction to deal with such applications.

The legal issues before the Commission included whether the agreement contained appropriate mechanisms for resolving disputes, whether it provided fair and reasonable terms for employees, and whether it was consistent with the objectives of the Fair Work Act. The Commission needed to assess the agreement's provisions against statutory requirements and ensure that it did not undermine the rights or entitlements of employees. Additionally, the Commission examined the process by which the agreement was negotiated and the extent of employee and employer consultation.

The Fair Work Commission found that the agreement was consistent with the statutory requirements for approval. It held that the agreement facilitated the efficient operation of Downer's business by providing clear and practical terms for the employment of gas workers. The Commission was satisfied that the agreement contained adequate dispute resolution mechanisms and that it provided fair and reasonable terms for employees. It also noted the consultation process undertaken by the parties, which included engagement with relevant employee representatives. Based on these findings, the Commission approved the agreement under section 234 of the Fair Work Act.

The final orders of the Commission included the approval of the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2016-2019, effective from 1 July 2016. The Commission noted that the agreement was to be registered with the Fair Work Ombudsman and that any variations or terminations would require further application to the Commission. This decision provided clarity for both Downer and its employees regarding the terms of their employment and the mechanisms for resolving any disputes that may arise during the term of the agreement.

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