Downer EDI Engineering Power Pty Ltd T/A Downer

Case

[2016] FWCA 1996

1 APRIL 2016

No judgment structure available for this case.

[2016] FWCA 1996
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer
(AG2016/683)

ALCOA OPERATIONS ENTERPRISE AGREEMENT 2016

Electrical contracting industry

COMMISSIONER ROE

MELBOURNE, 1 APRIL 2016

Application for approval of the Alcoa Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alcoa Operations Enterprise Agreement 2016 (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 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 Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 1 April 2016 and, in accordance with s.54, will operate from 8 April 2016. The nominal expiry date of the Agreement is 8 April 2019.

COMMISSIONER

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