Downer EDI Works Pty Ltd
[2023] FWCA 507
•17 FEBRUARY 2023
| [2023] FWCA 507 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Works Pty Ltd
(AG2023/137)
Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022
| Asphalt industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 17 FEBRUARY 2023 |
Application for approval of the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2022 (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.
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 and 188 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 17 February 2023 and, in accordance with s.54 of the Act, will operate from 24 February 2023. The nominal expiry date of the Agreement is 16 February 2026.
DEPUTY PRESIDENT
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