Downer EDI Works Pty Ltd T/A Downer

[2022] FWCA 2720

[2022] FWCA 2720

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 T/A Downer

(AG2022/2203)

Downer Water & Pipelines Rehabilitation Enterprise Agreement 2020 - 2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 15 AUGUST 2022

Application for variation of the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2020 - 2022

1. An application was made by Downer EDI Works Pty Ltd T/A Downer pursuant to section 210 of the Fair Work Act 2009 (the Act), seeking approval to vary the Downer Water & Pipelines Rehabilitation Enterprise Agreement 2020 - 2022 (the Agreement).

1. The application seeks to apply a wage increase from the first full pay period on or after 18 January 2023 and insert the words “(including waste-water pipelines)” in clause 3(b) of the Agreement. Further, the variation amends shiftwork provisions in the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. The variation was made on 29 June 2022 when all the affected employees cast a vote to approve the variation. The proposed variation was agreed to by the United Workers’ Union.

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

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 15 August 2022.

1. The variation is approved and the consolidated version of the Agreement, as varied, is

attached to this decision.

COMMISSIONER

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