Downer EDI Works Pty Ltd

[2019] FWCA 3142

[2019] FWCA 3142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2019/1171)

DOWNER BITUMEN PRODUCTION ENTERPRISE AGREEMENT 2019

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 MAY 2019

Application for approval of the Downer Bitumen Production Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer Bitumen Production Enterprise Agreement 2019 (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] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 7.1 and 7.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.3(e) 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.

[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 was approved on 8 May 2019 and, in accordance with s.54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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