Downer Utilities Australia Pty Ltd

[2021] FWCA 6040

[2021] FWCA 6040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd
(AG2021/7369)

DOWNER UTILITIES AUSTRALIA PTY LTD AND ETU POWER, CONSTRUCTION, MAINTENANCE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Downer Utilities Australia Pty Ltd and ETU Power, Construction, Maintenance Enterprise Agreement 2020

[1] Downer Utilities Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd and ETU Power, Construction, Maintenance Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] While the application is generally in order, not all of the employees were provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time, nor were all employees provided with voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

[5] The Agreement was approved on 29 September 2021 and, in accordance with s 54, will operate from 6 October 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

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 1   [2019] FWCFB 318