Downer EDI Works Pty Ltd
[2022] FWCA 3875
•4 NOVEMBER 2022
| [2022] FWCA 3875 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Works Pty Ltd
(AG2022/4090)
Application for approval of the Downer Ancillary Services Agreement 2022
| Asphalt industry | |
| COMMISSIONER LEE | MELBOURNE, 4 NOVEMBER 2022 |
Application for approval of the Downer Ancillary Services Agreement 2022
An application has been made for approval of an enterprise agreement known as the Downer Ancillary Services Agreement 2022 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.
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. 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 Australian Workers’ Union 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 28 - Compassionate Leave.
· Clause 34 – Termination of Employment
However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2022. The nominal expiry date of the Agreement is 1 July 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518061 PR747610>
Annexure A
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