Downer EDI Works Pty Ltd T/A Downer
[2022] FWCA 287
•2 FEBRUARY 2022
| [2022] FWCA 287 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Downer EDI Works Pty Ltd T/A Downer
(AG2021/8605)
Downer (Forbes/Narrandera Area) Enterprise Agreement 2019
| Asphalt industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 2 FEBRUARY 2022 |
Application for variation of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2019
An application has been made for approval of a variation to the Downer (Forbes/Narrandera Area) Enterprise Agreement 2019 (the Agreement). The application was made by Downer EDI Works Pty Ltd T/A Downer pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.
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 15 July 2020. Those undertakings form part of the Agreement as varied.
I note that clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at 2 of the undertakings, I am satisfied that the more beneficial entitlements of the NES will prevail.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 2 February 2022.
DEPUTY PRESIDENT
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