Downer EDI Works Pty Ltd

[2024] FWCA 33

[2024] FWCA 33

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2023/5146)

DOWNER EDI WORKS PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2023

Asphalt industry
COMMISSIONER ALLISON	MELBOURNE, 8 JANUARY 2024

Application for approval of the Downer EDI Works Pty Ltd Queensland Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Queensland Enterprise Agreement 2023 (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 Works Pty Ltd. The Agreement is a single enterprise agreement.

1. On 20 December 2023, my Chambers issued correspondence to the parties raising issues in relation to the Agreement. These issues were:

• Clauses 4.1 and 8.9 of the Agreement provided for the employment of apprentice and trainee employees, but the Agreement is otherwise silent on the rates of pay for apprentices and trainees. I sought submissions and/or undertakings from the Employer regarding whether it ordinarily engages apprentices and trainees and if so, how they can be considered better off overall under the Agreement.

• The application Form F16 listed the Australian Workers’ Union (AWU) as a bargaining representative for the Agreement, but the AWU had not submitted a Form F18 indicating it wished to be covered by the Agreement. Accordingly, I sought a completed Form F18 from the AWU.

1. On 22 December 2023, the Employer provided a written undertaking in relation to apprentices and trainees. The undertaking is to the effect that apprentices and trainees will be paid a base rate of pay equal to 1% more than the base rate of pay for their classification under the applicable Modern Award.

2. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. On 3 January 2024, the AWU replied to Chambers, advising that it did not wish to be heard with respect to matters relating to the approval of the Agreement, and that it did not seek to be covered by the Agreement.

1. Subject to the undertakings referred to above, 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 15 January 2027.

COMMISSIONER

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Annexure A