Downer EDI Works Pty Ltd
[2024] FWCA 1425
•19 APRIL 2024
| [2024] FWCA 1425 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Works Pty Ltd
(AG2024/1023)
DOWNER TERALBA OPERATIONS AGREEMENT 2023
| Asphalt industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 19 APRIL 2024 |
Application for approval of the Downer Teralba Operations Agreement 2023
Downer EDI Works Pty Ltd (company) has made an application for approval of an enterprise agreement known as the Downer Teralba Operations Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Australian Workers’ Union (AWU), a bargaining representative for the Agreement, lodged an F18 declaration stating its opinion that the Agreement did not pass the ‘better off overall test’ (BOOT), and citing two reasons: first, because the Agreement does not replicate the award provision for a minimum engagement period for part-time employees; and secondly, because the Agreement omits the award provision for overtime payments when an overtime shift is cancelled one hour or less prior to the start time. As to the first matter, I note that under the Agreement, part-time hours of work, including starting and finishing times, are agreed by the parties on an employee’s commencement of employment. As to the second, I regard this as a relatively minor matter that concerns a circumstance that is not likely to occur frequently.
In any event, the Agreement contains various provisions that are more beneficial to employees than those in the relevant awards, including higher wages. The matters identified by the AWU are outweighed by these terms. I am satisfied that each award covered employee and each reasonably foreseeable employee will be better off overall under the Agreement than under the relevant awards. I reach this conclusion having undertaken the global assessment required by s 193A(2).
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
The AWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the AWU.
The Agreement was approved on 19 April 2024.
DEPUTY PRESIDENT
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