| [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
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.
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.
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.
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.
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.
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.
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
Printed by authority of the Commonwealth Government Printer
<AE514619 PR737490>
- AGLC
- Downer Utilities Australia Pty Ltd T/A Downer [2022] FWCA 116
- Case
- [2022] FWCA 116
- Decision Date
CaseChat Overview and Summary
The central legal issues that the Court needed to resolve were whether the agreement met the statutory criteria for being a "registered agreement" under the Fair Work Act. This included assessing whether the agreement had been made in accordance with the procedural requirements of the Act and whether it contained the mandatory terms prescribed by the Act. Additionally, the Court needed to consider whether the agreement was in the best interests of the employees.
The Court found that the agreement was made in compliance with the procedural requirements of the Act, including the provision of necessary information to employees and the opportunity for consultation. The agreement also contained all the mandatory terms as required by the Fair Work Act. Furthermore, the Court determined that the agreement was in the best interests of the employees, taking into account the various submissions and evidence presented. As a result, the Court approved the agreement.
Consequently, the Court granted the application for approval of the Downer Utilities Australia Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023, making it a registered agreement under the Fair Work Act. This decision effectively sets the terms of employment for the period specified in the agreement.
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Background
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Ratio Decidendi
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