Downer EDI Engineering Electrical Pty Ltd

[2016] FWCA 2708

[2016] FWCA 2708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2016/610)

DOWNER INFRASTRUCTURE NORTHERN REGION ELECTRICAL ENTERPRISE AGREEMENT 2014 - 2017

Electrical contracting industry

COMMISSIONER HUNT

BRISBANE, 3 MAY 2016

Application for variation of the Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014 - 2017.

Application for variation of agreement covering Mt Isa and Townsville

[1] An application has been made for approval of a variation to an enterprise agreement known as Downer Infrastructure Northern Region Electrical Enterprise Agreement 2014 – 2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Electrical Pty Ltd (the Employer).

[2] The Employer statutory declaration in support of the application for approval of a variation was declared by Ms Carly Carloss, General Manager Industrial Relations.

[3] The application seeks to vary the Agreement to remove coverage of employees located at Mt Isa. The Agreement has covered employees at both Mt Isa and Townsville, referred to by the Employer as the ‘Northern Region’.

[4] The statutory declaration declares 30 employees to be covered by the Agreement. Mt Isa employees covered by the Agreement voted on 11 March 2016, as did Townsville employees covered by the Agreement. It is declared that 30 employees cast valid votes, with 29 employees approving the variation to delete coverage of the Agreement to Mt Isa employees such that the varied Agreement, once approved by the Fair Work Commission would apply only to Townsville employees.

Mt Isa employees make new agreement

[5] On the same day that Mt Isa employees voted to vary the Agreement to remove application of the Agreement to the work performed by them, the Mt Isa employees voted to approve an agreement titled Downer EDI Engineering Mt Isa Electrical EA 2016 - FINAL (the Mt Isa Agreement).

[6] An application was made by the Employer to the Fair Work Commission for approval of the Mt Isa Agreement, and the Mt Isa Agreement was approved on 29 March 2016 [PR578370].

[7] With regard to s.58 of the Act, only one enterprise agreement can apply to an employee at a particular time. On 29 April 2016, my Chambers sent correspondence to the Employer to confirm the Employer’s understanding that the Mt Isa Agreement does not apply until such time as a variation in this application has been approved. On the same day, the Employer confirmed the above understanding.

Approval of variation

[8] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[9] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate from the date of this decision.

[10] The varied Agreement is titled Downer Infrastructure Townsville Electrical Enterprise Agreement 2014 – 2017.

[11] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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