Downer Edi Works Pty Ltd

[2025] FWCA 2258

[2025] FWCA 2258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Edi Works Pty Ltd

(AG2025/1831)

DOWNER EDI WORKS PTY LTD SHEPPARTON DEPOT ENTERPRISE AGREEMENT 2025

Asphalt industry
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2025

Application for approval of the Downer EDI Works Pty Ltd Shepparton Depot Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Shepparton Depot Enterprise Agreement 2025 (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.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Asphalt Industry Award 2020 [MA000054] is taken to be a term of the Agreement.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 16 July 2025. The nominal expiry date of the Agreement is 8 July 2028.

COMMISSIONER

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Annexure A