Downer Utilities Australia Pty Ltd T/A Downer
[2023] FWCA 2189
•17 JULY 2023
| [2023] FWCA 2189 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Downer Utilities Australia Pty Ltd T/A Downer
(AG2023/2045)
DOWNER UTILITIES AUSTRALIA PTY LTD TRANSMISSION (TASMANIA, SOUTH AUSTRALIA, WESTERN AUSTRALIA)
ENTERPRISE AGREEMENT 2022
| Utilities industries | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 17 JULY 2023 |
Application for approval of the Downer Utilities Australia Pty Ltd Transmission (Tasmania, South Australia, Western Australia) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd Transmission (Tasmania, South Australia, Western Australia) Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 23 May 2023 in accordance with s.185(3) of the Act. As it was not filed until 21 June 2023, it was filed after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU and CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
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