Downer EDI Works Pty Ltd
[2022] FWCA 4078
•21 NOVEMBER 2022
| [2022] FWCA 4078 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Works Pty Ltd
(AG2022/4525)
Downer EDI Works Pty Ltd South Australian Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 21 NOVEMBER 2022 |
Application for approval of the Downer EDI Works Pty Ltd South Australian Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd South Australian 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.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. 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) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
The Agreement was approved on 21 November 2022 and, in accordance with s.54 of the Act, will operate from 28 November 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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