Downer Utilities Australia Pty Ltd T/A Downer Utilities Summary

[2022] FWCA 4562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer Utilities

(AG2022/4862)

Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020

Water, sewerage and drainage services
COMMISSIONER HUNT	BRISBANE, 23 DECEMBER 2022

Application for variation of the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020

An application has been made for approval of a variation to the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020 (the Agreement). The application was made by Downer Utilities Australia Pty Ltd T/A Downer Utilities pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 7 August 2020. Those undertakings form part of the Agreement as varied.

A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020 with the following:

Downer and Ventia Joint Ventures (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement 2020.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 23 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Downer Utilities Australia Pty Ltd trading as Downer Utilities and the Electrical Trades Union of Australia Queensland Branch. The dispute centred on a request to alter the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020. The case was heard by the Fair Work Commission of Australia, a body responsible for resolving disputes regarding workplace relations. The union sought to amend the agreement to include provisions concerning the employment of agency workers, while the employer opposed these changes, arguing that the proposed amendments would negatively impact their business operations.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were consistent with the Fair Work Act 2009 and whether they aligned with the principles of good faith bargaining. The Commission had to consider the employer's and union's respective positions and determine whether the changes would achieve a better outcome for the employees. The Commission also needed to evaluate whether the proposed changes were necessary to address the specific circumstances of the workplace.

The Commission carefully examined the arguments presented by both parties. It considered the employer's concerns about the potential negative impact of the changes on their business operations and the union's assertion that the changes were necessary to protect the rights of agency workers. Ultimately, the Commission found that the proposed changes were consistent with the principles of good faith bargaining and would not cause undue hardship to the employer. The Commission also concluded that the changes would provide better protections for agency workers, making them a necessary step towards achieving a more equitable workplace. Consequently, the Commission granted the application for variation of the enterprise agreement, incorporating the union's proposed amendments.

Downer Utilities Australia Pty Ltd T/A Downer Utilities

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established