Downer EDI Works Pty Ltd T/A Downer Infrastructure

[2017] FWCA 3441

[2017] FWCA 3441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Works Pty Ltd T/A Downer Infrastructure
(AG2017/2363)

DOWNER INFRASTRUCTURE SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER PLATT	MELBOURNE, 29 JUNE 2017

Application for variation of the Downer Infrastructure South Australian Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a variation of an enterprise agreement known as the Downer Infrastructure South Australian Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Downer EDI Works Pty Ltd T/A Downer Infrastructure. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by:

● Amending the heading of Clause 2 from “Parties Bound” to “Parties Covered”;
● Deleting the words in Clause 2(a) “binding upon”;
● Inserting in Clause 6 Definitions “Parties means the Company and employees covered by this Agreement.”;
● Deleting the words in Clause 11(i) Dispute Resolution “the Building Code 2013” and inserting “The Code for the Tendering and Performance of Building Work 2016 and or any successor instrument”.

[3] An undertaking has been provided in the following terms:

“The Company provides the following undertaking in relation to the variation for the above referenced Agreement.

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”.

A copy of correspondence from the Australian Prudential Regulation Authority (APRA) verifying its authorisation of the Plum Superannuation Fund to offer the “MySuper” product is appended to this letter of undertaking.”

[4] As a result, the undertaking is taken to be a term of the agreement.

[5] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate from 29 June 2017. The nominal expiry date of the Agreement remains as 30 June 2018.

[7] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

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