Downer EDI Works Pty Ltd

[2013] FWCA 9869

[2013] FWCA 9869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Downer EDI Works Pty Ltd
(AG2013/11810)

DOWNER INFRASTRUCTURE MELBOURNE SURFACING BUSINESS ENTERPRISE AGREEMENT 2013

Asphalt industry
COMMISSIONER BLAIR	MELBOURNE, 16 DECEMBER 2013

Application for variation of clause 2 of the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to the Downer Infrastructure Melbourne Surfacing Business Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by Downer EDI Works Pty Ltd.

[2] The Agreement was approved on 18 March 2013 and has a nominal expiry date of 31 December 2015.

[3] The Agreement was the subject of a dispute notified by the Australian Workers’ Union, Victorian Branch (the AWU) on 13 November 2013 and a conference was convened before me on 25 November 2013.

[4] In part settlement of the dispute Downer EDI Works Pty Ltd and the AWU consented to vary clause 2 of the Agreement in the following terms:

“2. Parties Bound

This collective agreement (“Agreement”) is made between Downer EDI Works Pty Ltd (“Company” or “Downer Infrastructure”) and the Australian Workers Union Victorian Branch (“Union”) pursuant to the Fair Work Act 2009 (“FW Act”).

This Agreement applies to employees of the Company who are engaged in any of the occupations, callings or industries specified in this Agreement and based at the Company’s depots within Metropolitan Melbourne, except those employees that are:

• normally based interstate and are temporarily assigned work within Victoria; or



• are covered by the terms of another workplace agreement to which the Company is respondent.




“Metropolitan Melbourne” has the same meaning in this Agreement as it does in the Public Holidays Act 1993 (VIC).

[5] I am satisfied the variation sought removes the previous ambiguity or uncertainty caused by the original construction of clause 2 of the Agreement.

[6] The variation to the Agreement is approved, and in accordance with s.217(2) of the Act will operate on and from 16 December 2013.

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