Downer Utilities Australia Pty Ltd T/A Downer

[2022] FWCA 2987

[2022] FWCA 2987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer

(AG2022/3518)

Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2022-2025

Oil and gas industry
COMMISSIONER O’NEILL	MELBOURNE, 30 AUGUST 2022

Application for approval of the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2022-2025

1. Downer Utilities Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd (Gas) Enterprise Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement.

1. 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.

1. The Transport Workers Union (TWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

1. I observe that clauses 15 and 52.1(e) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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