Downer EDI Works Pty Ltd

[2016] FWCA 1453

[2016] FWCA 1453

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd t/a Downer Infrastructure

(AG2016/190)

DOWNER INFRASTRUCTURE PAVEMENT PRESERVATION

BUSINESS ENTERPRISE AGREEMENT 2015

Asphalt industry

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 7 MARCH 2016

Application for approval of the Downer Infrastructure Pavement Preservation Business

Enterprise Agreement 2015.

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

Downer Infrastructure Pavement Preservation Business Enterprise 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 Infrastructure. The agreement is

a single enterprise agreement.

[2]        The Applicant 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.

[3]        Subject to the undertakings referred to above, and on the basis of the material

contained in the application and accompanying statutory declaration, 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.

[4]        The application was not lodged within 14 days after the agreement was made.

Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for

making the application to the date it was actually made.

[5]        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) and based on the statutory declaration provided by the organisation, I note that

the Agreement covers the organisation.
[2016] FWCA 1453

[6]        The Agreement was approved on 7 March 2016 and, in accordance with s.54, will

operate from 14 March 2016. The nominal expiry date of the Agreement is 31 December

2018.

DEPUTY PRESIDENT

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[2016] FWCA 1453

Annexure A