Downer EDI Works Pty Ltd
[2022] FWCA 800
•7 MARCH 2022
| [2022] FWCA 800 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer EDI Works Pty Ltd
(AG2022/350)
DOWNER SOUTH COAST AREA ENTERPRISE AGREEMENT 2021
| Asphalt industry | |
| COMMISSIONER P RYAN | SYDNEY, 7 MARCH 2022 |
Application for approval of the Downer South Coast Area EnterpriseAgreement 2021
Downer EDI Works Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known the Downer South Coast Area Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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
Sections 186, 187, 188 and 190
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.
Section 183 Bargaining representative
The Australian Workers Union (the 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) of the Act, I note that the Agreement covers the AWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2022. The nominal expiry date of the Agreement is 7 March 2025.
COMMISSIONER
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