Downer Utilities Australia Pty Ltd Trading AS Downer

[2025] FWCA 2286

[2025] FWCA 2286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Downer Utilities Australia Pty Ltd Trading AS Downer

(AG2025/1730)

DOWNER UTILITIES AUSTRALIA PTY LTD SUBSTATION AND BESS ENTERPRISE AGREEMENT SOUTH AUSTRALIA 2024

Electrical power industry
COMMISSIONER THORNTON	ADELAIDE, 10 JULY 2025

Application for approval of the Downer Utilities Australia Pty Ltd Substation and BESS Enterprise Agreement South Australia 2024

1. An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd Substation and BESS Enterprise Agreement South Australia 2024 (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 (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 22 May 2025. Thus, pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. Clauses relating to notice of commencing personal leave, withholding monies on termination without sufficient notice, redundancy entitlements and public holidays may not comply with the National Employment Standards (NES). However, the Applicant Employer has provided undertakings to address any inconsistencies. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is also silent on NES entitlements to parental leave, compassionate leave, family and domestic violence leave, community service leave and requests for flexible working arrangements. Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 17 July 2025. The nominal expiry date of the Agreement is 1 October 2027.

COMMISSIONER

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