Downer EDI Engineering Power Pty Ltd

[2020] FWCA 1349

[2020] FWCA 1349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2020/452)

DOWNER EDI ENGINEERING POWER PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019 - 2022

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 MARCH 2020

Application for approval of the Downer EDI Engineering Power Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 - 2022 (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 Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 March 2020 and, in accordance with s.54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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