Downer EDI Engineering Electrical Pty Ltd

[2024] FWCA 4388

[2024] FWCA 4388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd

(AG2024/4391)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD QUEENSLAND WORKSHOPS ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 9 DECEMBER 2024

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Queensland Workshops Enterprise Agreement 2024

1. This decision deals with an application made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Queensland Workshops Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Downer EDI Engineering Electrical Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Agreement does not contain a delegates rights term that is no less favourable than the modern award pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates’ rights term in the Agreement at clause 38(d) will have no effect.

1. On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 14.2.2 – Withholding monies at Notice of Termination by Employee

However, noting clause 2.2(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ETU.

1. The Agreement is approved and will operate from 16 December 2024. The nominal expiry date of the Agreement is 15 December 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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