DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer
(AG2020/3309)

DOWNER UTILITIES AUSTRALIA PTY LTD WATER SERVICES NSW ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 23 NOVEMBER 2020

Application for approval of the Downer Utilities Australia Pty Ltd Water Services NSW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd Water Services NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer Utilities Australia Pty Ltd T/A Downer. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2020. The nominal expiry date of the Agreement is 30 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Downer Utilities Australia Pty Ltd, trading as Downer, applied for approval of the Downer Utilities Australia Pty Ltd Water Services NSW Enterprise Agreement 2019. The applicants were represented by Mr C.J. Brown, and the respondent, the Australian Manufacturing Workers’ Union (AMWU), was represented by Ms K.A. Davies. The application for approval arose under section 234 of the Fair Work Act 2009, as the agreement had been registered by the Commission as a single-enterprise agreement on 24 September 2019. The applicants submitted that the agreement should be approved as it had been registered in accordance with the requirements of the Act.

The legal issue before the Commission was whether the agreement contained the requirements of section 231 of the Act, which mandates that an enterprise agreement must be in writing, set out the terms and conditions of employment, be made between an employer and employees, and not discriminate against any employee or class of employees. The Commission considered whether the agreement adequately fulfilled these statutory requirements, focusing particularly on whether the agreement correctly identified the parties, provided clear and unambiguous terms, and adhered to the procedural standards set by the Act.

After reviewing the submitted agreement, the Commission found that the agreement met the statutory requirements. It was in writing, contained clear terms and conditions of employment, and was made between Downer Utilities Australia Pty Ltd and the employees. The Commission further determined that the agreement did not discriminate against any employee or class of employees. The Commission was satisfied that the agreement was properly registered and thus approved the agreement under section 234 of the Act.

The Commission ordered that the Downer Utilities Australia Pty Ltd Water Services NSW Enterprise Agreement 2019 be approved. This approval became effective from 24 September 2019, the date of its registration by the Commission.

Downer Utilities Australia Pty Ltd T/A Downer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established