Downer EDI Works Pty Ltd
[2024] FWCA 2412
•28 JUNE 2024
| [2024] FWCA 2412 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 – Enterprise Agreement
Downer EDI Works Pty Ltd
(AG2024/2216)
DOWNER WATER & PIPELINES REHABILITATION ENTERPRISE AGREEMENT 2024 - 2026
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 28 JUNE 2024 |
Application for approval of the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2024 – 2026.
An application has been made for approval of an enterprise agreement known as the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2024 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Downer EDI Works Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 23 May 2023 and the Agreement was made on 5 June 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Australian Workers’ Union (AWU), 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.
The Agreement was approved on 28 June 2024 and, in accordance with s.54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 18 January 2026.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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