Downer EDI Engineering Electrical Pty Ltd

[2023] FWCA 760

[2023] FWCA 760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd

(AG2023/362)

Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2023

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 9 MARCH 2023

Application for approval of the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Electrical Pty Ltd Southern Region Electrical Services Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Electrical Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Noting clause 2.3(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act 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 (CEPU) lodged a Form F18 statutory declaration supporting approval of the Agreement and 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 that the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE519446  PR760168>