Downer EDI Works Pty Ltd T/A Downer
[2021] FWCA 5887
•22 SEPTEMBER 2021
| [2021] FWCA 5887 |
| 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
(AG2021/7063)
Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2021
| Asphalt industry | |
| COMMISSIONER SPENCER | BRISBANE, 22 SEPTEMBER 2021 |
Application for approval of the Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Downer EDI Works Pty Ltd Victorian Road Maintenance Enterprise Agreement 2021 (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.
Subject to matters that have been addressed by way of undertakings, 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.
As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.
The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.
Pursuant to s.186(6) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 1 January 2024.
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