Downer Utilities Australia Pty Ltd t/a Downer

[2020] FWCA 2093

[2020] FWCA 2093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd t/a Downer
(AG2020/970)

DOWNER UTILITIES AUSTRALIA PTY LTD TRANSMISSION (NEW SOUTH WALES, ACT, TASMANIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 APRIL 2020

Application for approval of the Downer Utilities Australia Pty Ltd Transmission (New South Wales, ACT, Tasmania, South Australia, Western Australia) Enterprise Agreement 2019.

[1] Downer has applied for approval of a single enterprise agreement known as the Downer Utilities Australia Pty Ltd Transmission (New South Wales, ACT, Tasmania, South Australia, Western Australia) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met. Further information was provided in relation to these concerns.

[3] The application as filed was not complete and contained typographical errors. The Applicant sought amendments pursuant to s.586. Further information was subsequently provided, including amended Agreement signature pages and amended Agreement pages. The amendments were not opposed. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] On the basis of the material contained in the amended application and further information provided, I am satisfied that each of the requirements of ss.186, 187 and 188 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 and the Australian Workers’ Union, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 24 April 2020 and, in accordance with s.54, will operate from 1 May 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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