Downer EDI Works Pty Ltd T/A Downer Infrastructure
[2014] FWCA 7223
•14 OCTOBER 2014
| [2014] FWCA 7223 |
| 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 Infrastructure
(AG2014/7679)
DOWNER INFRASTRUCTURE SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2014-2018
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 14 OCTOBER 2014 |
Application for approval of the Downer Infrastructure South Australian Enterprise Agreement 2014-2018.
[1] An application has been made for approval of an enterprise agreement known as the Downer Infrastructure South Australian Enterprise Agreement 2014-2018 (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 Infrastructure. The Agreement is a single-enterprise agreement.
[2] An undertaking has been provided in the following terms:
“Clause 9.2 Superannuation
The Company confirms its default superannuation fund offers a “MySuper” product so as to comply with the requirements of s.194 (h)(i) of the Fair Work Act 2009.
The Company’s default superannuation fund is the “Downer Super plan, a sub-plan of the Plum Superannuation Fund”.”
[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.
[4] 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.
[5] 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) of the Act I note that the Agreement covers this organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2014. The nominal expiry date of the Agreement is 30 June 2018.
SENIOR DEPUTY PRESIDENT
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