Downer EDI Work Pty Ltd

[2019] FWCA 1707

[2019] FWCA 1707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Work Pty Ltd
(AG2018/5777)

DOWNER TERALBA OPERATIONS AWU AGREEMENT 2018

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2019

Application for approval of the Downer Teralba Operations AWU Agreement 2018.

[1] Downer EDI Work Pty Ltd has made an application for approval of an enterprise agreement known as the Downer Teralba Operations AWU Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 March 2019 and, in accordance with s.54, will operate from 22 March 2019. The nominal expiry date of the Agreement is 1 June 2020.

DEPUTY PRESIDENT

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<AE502322  PR705885>

Annexure A