Downer EDI Works

[2013] FWCA 2471

[2013] FWCA 2471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer EDI Works
(AG2013/377)

DOWNER (TERALBA) SURFACING & AWU MAINTENANCE AGREEMENT 2012

Asphalt industry
COMMISSIONER BULL	SYDNEY, 23 APRIL 2013

Application for the approval of the Downer (Teralba) Surfacing & AWU Maintenance Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Downer (Teralba) Surfacing & AWU Maintenance Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the ordinary hours of work in the Agreement, an undertaking with respect to clause 13 - Flexible job starts / working hours, and in particular, subclause 13.3, the ordinary hours of work, has been provided by the employer.

[3] An undertaking with respect to clause 26 - Annual Leave, the provision of five weeks annual leave for shift workers in accordance with the National Employment Standards, has been provided by the employer.

[4] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[5] I have sought the views of the bargaining representative in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertakings provided.

[6] The Agreement covers employees of the Company engaged within the area known as Teralba who are engaged in work covered by the classification structure contained in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] 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) I note that the Agreement covers this organisation.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 30 April 2013. The nominal expiry date of the Agreement is 1 June 2015.

COMMISSIONER

Annexure A

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