Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd

[2020] FWCA 3353

[2020] FWCA 3353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd
(AG2020/1141)

DOWNER (FORBES/NARRANDERA AREA) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 JULY 2020

Application for approval of the Downer (Forbes/Narrandera Area) Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement to be known as the Downer (Forbes/Narrandera Area) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Downer EDI Works Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Australian Workers’ Union (AWU) raised concerns with the Commission in relation to the better off overall test. In response to those concerns, the Employer proffered the undertakings set out at Annexure A to this decision dated 30 June 2020. The AWU was given until 1 July 2020 to object to these undertakings, or raise any other concerns it had as to the approval of the Agreement. No such objections or other concerns were raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Asphalt Industry Award 2010 and Building and Construction General Onsite Award 2010 respectively), and that the undertakings will not result in substantial changes to the Agreement. The undertakings become terms of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. The nominal expiry date of the Agreement is 15 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A