Downer EDI Works Pty Ltd T/A Downer

Case

[2015] FWCA 8283

1 DECEMBER 2015

No judgment structure available for this case.

[2015] FWCA 8283
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Downer EDI Works Pty Ltd T/A Downer
(AG2015/6507)

DOWNER ROSEHILL SYDNEY OPERATIONS AWU AGREEMENT 2015

Asphalt industry

COMMISSIONER RIORDAN

SYDNEY, 1 DECEMBER 2015

Application for approval of the Downer Rosehill Sydney Operations AWU Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Downer Rosehill Sydney Operations AWU 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 (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union Greater New South Wales Branch (AWU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 26 November 2015, which included further material in support of the application together with Undertakings made by and duly signed by the HR Business Partner – NSW/ACT, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 6 May 2018.

COMMISSIONER

Undertaking

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