FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2014/7794)

DOWNER INFRASTRUCTURE (HUME/ACT) & THE CFMEU AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Downer Infrastructure(Hume/ACT) & the CFMEU Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure (Hume/ACT) & the CFMEU Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd T/A Downer Infrastructure. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Downer EDI Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement 1 July 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Independent Education Union of Australia lodged an application seeking approval of the Downer Infrastructure(Hume/ACT) & the CFMEU Agreement 2014. The application arose from a dispute regarding the terms of a workplace agreement between Downer Infrastructure and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, with the matter being presided over by Deputy President L J Cush. The legal issues that the court had to decide included whether the agreement was a genuine workplace agreement and if it complied with the relevant legislative provisions. The court had to examine the terms of the agreement and assess whether it met the requirements of the Fair Work Act 2009.

The court began by considering the definition of a genuine workplace agreement under section 173 of the Fair Work Act 2009. It examined the terms of the agreement to determine whether it was a genuine agreement that had been entered into by the parties without any duress or coercion. The court also considered whether the agreement complied with the relevant legislative provisions, including the requirement for the agreement to be in writing and to contain certain minimum terms and conditions. The court held that the agreement was a genuine workplace agreement and that it complied with the relevant legislative provisions. The court found that the agreement was entered into by the parties without any duress or coercion and that it contained all the required minimum terms and conditions.

Following the court's decision, the Independent Education Union of Australia's application for approval of the Downer Infrastructure(Hume/ACT) & the CFMEU Agreement 2014 was approved. The court found that the agreement was a genuine workplace agreement and that it complied with the relevant legislative provisions. The court's decision provided clarity and certainty to the parties involved in the dispute and ensured that the agreement was legally binding. The approval of the agreement also ensured that the employees covered by the agreement were protected by the minimum terms and conditions set out in the agreement.

Independent Education Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established