Downer EDI Works Pty Ltd

[2009] FWA 272

[2009] FWA 272

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Downer EDI Works Pty Ltd
(AG2009/848)

DOWNER EDI WORKS VICTORIAN CONSTRUCTION OPERATIONS WORKPLACE AGREEMENT 2009

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 10 SEPTEMBER 2009

Application for approval of the Downer EDI Works Victorian Construction Operations Workplace Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Works Victorian Construction Operations Workplace Agreement 2009 (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.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). Accordingly, when considering whether to approve the Agreement, I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2009. The nominal expiry date of the Agreement is 31 December 2011.

SENIOR DEPUTY PRESIDENT

 1   Item 2, Part 1, of Schedule 2.

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