Downer EDI Works Pty Ltd

[2016] FWCA 2124

[2016] FWCA 2124

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd t/a Downer

(AG2016/2683)

DOWNER TERALBA OPERATIONS AWU AGREEMENT 2015

Asphalt industry

COMMISSIONER ROE MELBOURNE, 6 APRIL 2016

Application for approval of the Downer Teralba Operations AWU Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

Downer Teralba Operations AWU Agreement 2015 (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 t/a Downer. 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]        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.
[2016] FWCA 2124

[4]        The Agreement was approved on 6 April 2016 and, in accordance with s.54, will

operate from 13 April 2016. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE418467 PR578714>