Downer Utilities Australia Pty Ltd T/A Downer Utilities

[2022] FWCA 4562

[2022] FWCA 4562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Downer Utilities Australia Pty Ltd T/A Downer Utilities

(AG2022/4862)

Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020

Water, sewerage and drainage services
COMMISSIONER HUNT	BRISBANE, 23 DECEMBER 2022

Application for variation of the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020

1. An application has been made for approval of a variation to the Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020 (the Agreement). The application was made by Downer Utilities Australia Pty Ltd T/A Downer Utilities pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 7 August 2020. Those undertakings form part of the Agreement as varied.

1. A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Utilita (Water and Associated Utilities Maintenance Services - Queensland) Enterprise Agreement 2020 with the following:

Downer and Ventia Joint Ventures (Water and Associated Utilities Maintenance Services – Queensland) Enterprise Agreement 2020.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 23 December 2022.

COMMISSIONER

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