Downer Utilities Australia Pty Ltd Trading as Downer

[2025] FWCA 2754

[2025] FWCA 2754

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd Trading as Downer

(AG2025/2394)

DOWNER UTILITIES AUSTRALIA PTY LTD TRANSMISSION (NEW

SOUTH WALES, ACT) ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 18 AUGUST 2025

Application for approval of the Downer Utilities Australia Pty Ltd Transmission (New South Wales, ACT) Enterprise Agreement 2024

Introduction

1. Downer Utilities Australia Pty Ltd Trading as Downer (the Employer) has made an application for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd Transmission (New South Wales, ACT) Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 September 2024 and the Agreement was made on 7 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

National Employment Standards (NES) Precedence Term

1. Clause 36 of the Agreement provides for public holidays to be substituted by the Company and employees which may be inconsistent with the NES. Section 115(3) of the Act provides that an employer and employee may agree on substitution of a public holiday day, however the Act does not provide for a majority of employees and an employer to substitute a public holiday, and for this to be binding on a single employee.

1. Clause 20 c) sets out circumstances where an employee is deemed to have abandoned their employment but does not specify that an employee is entitled to payment of notice of termination in accordance with ss117–123 of the Act.

1. In accordance with the NES precedence term in Clause 5 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

Section 183 Bargaining Representatives

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

1. In accordance with s.201(2), I note that the Agreement covers the CEPU and AWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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