Downer Edi Works Pty Ltd T/A Downer Edi Works Pty Ltd
[2024] FWCA 3656
•21 OCTOBER 2024
| [2024] FWCA 3656 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer Edi Works Pty Ltd T/A Downer Edi Works Pty Ltd
(AG2024/3342)
DOWNER HUME ACT / CFMEU AGREEMENT 2024
| Asphalt industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 21 OCTOBER 2024 |
Application for approval of the Downer Hume ACT/CFMEU Agreement 2024
An application has been made for approval of an enterprise agreement known as the Downer Hume ACT/CFMEU Agreement 2024 (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.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that Clause 7.8.2 may be inconsistent with the National Employment Standards as Clause 7.8.2 allows the substitution of public holidays by majority agreement, which may have the effect of removing an employee’s entitlement under s.114 of the Act to absence on a public holiday. Given the National Employment Standards precedence clause at clause 3.2.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Construction, Forestry and Maritime Employees Union (CFMEU) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2024. The nominal expiry date of the Agreement is 20 October 2028.
DEPUTY PRESIDENT
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Annexure A
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