Downer EDI Works Pty Ltd

[2025] FWCA 1529

[2025] FWCA 1529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Downer EDI Works Pty Ltd

(AG2025/1078)

DOWNER EDI WORKS PTY LTD VICTORIAN ROAD MAINTENANCE ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 7 MAY 2025

Application for variation of the Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2024

1. Downer EDI Works Pty Ltd has applied for approval of a variation to the enterprise agreement known as the Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2024 under s 210 of the Fair Work Act 2009.

1. The application seeks to vary clause 3.1 (Individual Flexibility) of the Agreement.

1. I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

1. Clause 36A of the Building and Construction General On-site Award 2020 was taken to be a term of the Agreement when approved. This clause continues to form part of the Agreement as varied.

1. The Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 March 2023. Those undertakings form part of the Agreement as varied.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s 216 of the Act, the variation operates from 7 May 2025.

COMMISSIONER

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