Downer Utilities Australia Pty Ltd T/A Downer

[2022] FWCA 116

[2022] FWCA 116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer

(AG2021/8970)

DOWNER UTILITIES AUSTRALIA PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JANUARY 2022

Application for approval of the Downer Utilities Australia Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

1. An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (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.

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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 9.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

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