Downer EDI Engineering Power Pty Ltd

[2020] FWCA 3187

[2020] FWCA 3187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2020/1496)

DOWNER EDI ENGINEERING POWER PTY LTD LOY YANG A AND LOY YANG B POWER STATIONS - OUTAGE AND PROJECT (AMWU & CFMMEU) GREENFIELDS AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 JUNE 2020

Application for approval of the Downer EDI Engineering Power Pty Ltd Loy Yang A and Loy Yang B Power Stations - Outage and Project (AMWU & CFMMEU) Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Downer EDI Engineering Power Pty Ltd Loy Yang A and Loy Yang B Power Stations - Outage and Project (AMWU & CFMMEU) Greenfields Agreement 2020 (the Agreement). The application was made by Downer EDI Engineering Power Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement lodged contained an error at clause 39. On 16 June 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clauses 10.9, 17 and 20.4.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 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.

[5] Pursuant to s.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.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

[7] The Agreement was approved on 18 June 2020 and, in accordance with s.54, will operate from 25 June 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508314  PR720289>