Downer Utilities Australia Pty Ltd T/A Downer

[2020] FWCA 2526

[2020] FWCA 2526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer
(AG2020/1063)

DOWNER UTILITIES AUSTRALIA PTY LTD QUEENSLAND SUBSTATIONS ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 14 MAY 2020

Application for approval of the Downer Utilities Australia Pty Ltd Queensland Substations Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Downer Utilities Australia Pty Ltd T/A Downer (the Applicant) for approval of the Downer Utilities Australia Pty Ltd Queensland Substations Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 6.6(4) – bereavement/compassionate leave - immediate family;

•  Clause 6.7 – personal/carer’s leave;

•  Clause 2.7.2.5 – termination by employer; and

•  Clause 2.7.3 – notice of termination by employee - withholding monies.

[3] However, noting the NES precedence clause at clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Subject to the matters raised at paragraphs [2]-[3], 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.3.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 March 2021.

COMMISSIONER

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