DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer
(AG2021/5197)

DOWNER UTILITIES AUSTRALIA PTY LTD METER READERS ENTERPRISE AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 JUNE 2021

Application for approval of the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2021.

[1] Downer Utilities Australia Pty Ltd T/A Downer (the Employer) has made an application for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clauses 10.4.6, 15.5 and 18.1(a) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement and the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 2 June 2021 and, in accordance with s 54, will operate from 9 June 2021. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Downer Utilities Australia Pty Ltd T/A Downer, an employer, applied to the Fair Work Commission for the approval of the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2021. The applicants sought to have the agreement approved under section 232 of the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions, representing employees, who raised concerns about various provisions within the agreement.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, specifically if it contained the necessary terms and conditions, and if it adhered to the principles of the Act, including provisions for fair and equitable treatment of employees. The Commission had to consider if the agreement was made in good faith and if it provided for the resolution of disputes between the parties.

The Fair Work Commission examined the agreement thoroughly, taking into account the submissions from both parties. The Commission noted that the agreement contained all the necessary terms and conditions and was consistent with the Fair Work Act. It found that the agreement was made in good faith and provided for the resolution of disputes. The Commission also considered the impact of the agreement on the employees, and found that the overall terms were fair and equitable. Consequently, the Commission approved the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2021, as it met all the statutory requirements and did not contravene any provisions of the Act.

The final orders of the Commission were that the Downer Utilities Australia Pty Ltd Meter Readers Enterprise Agreement 2021 was approved under section 232 of the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Commission and would govern the employment conditions of the employees covered by the agreement.

Downer Utilities Australia Pty Ltd T/A Downer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established