Downer Edi Engineering Power Pty Ltd T/A Downer

[2024] FWCA 470

[2024] FWCA 470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Downer Edi Engineering Power Pty Ltd T/A Downer

(AG2023/5418)

DOWNER EDI ENGINEERING POWER PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022 - 2025

Electrical power industry
COMMISSIONER THORNTON	ADELAIDE, 6 FEBRUARY 2024

Application for approval of the Downer EDI Engineering Power Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022 - 2025

1. An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022 – 2025 (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 T/A Downer (the Applicant). The Agreement is a single enterprise agreement.

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 note that clause 25 may be inconsistent with the National Employment Standards (NES). Noting clause 16(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 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 CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 13 February 2024. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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