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

[2019] FWCA 3448

[2019] FWCA 3448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer EDI Works Pty Ltd
(AG2019/1031)

DOWNER BATHURST OPERATIONS AGREEMENT 2018 - 2021

Asphalt industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2019

Application for approval of the Downer Bathurst Operations Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Downer Bathurst Operations Agreement 2018 - 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 T/A Downer EDI Works Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union, 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 organisation.

[4] The Agreement was approved on 17 May 2019 and, in accordance with s.54, will operate from 24 May 2019. The nominal expiry date of the Agreement is 17 May 2022.

COMMISSIONER

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