Downer EDI Works Pty Ltd

Case

[2025] FWCA 2198

4 JULY 2025


[2025] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer EDI Works Pty Ltd

(AG2025/2001)

DOWNER EDI WORKS PTY LTD ITS QUEENSLAND ENTERPRISE AGREEMENT 2024

Electrical contracting industry

COMMISSIONER SIMPSON

BRISBANE, 4 JULY 2025

Application for approval of the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd ITS Queensland Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 1.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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