Downer Utilities Australia Pty Ltd Trading AS Downer Summary

[2025] FWCA 1999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Downer Utilities Australia Pty Ltd Trading AS Downer

(AG2025/1757)

DOWNER UTILITIES AUSTRALIA PTY LTD TRANSMISSION QUEENSLAND ENTERPRISE AGREEMENT 2024-2028

Electrical power industry
COMMISSIONER SIMPSON	BRISBANE, 17 JUNE 2025

Application for approval of the Downer Utilities Australia Pty Ltd Transmission Queensland Enterprise Agreement 2024-2028.

An application has been made for approval of an enterprise agreement known as the Downer Utilities Australia Pty Ltd Transmission Queensland Enterprise Agreement 2024-2028 (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.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.4 of the Agreement, 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

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.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer Utilities Australia Pty Ltd, trading as Downer, applied to the Fair Work Commission for approval of the Downer Utilities Australia Pty Ltd Transmission Queensland Enterprise Agreement 2024-2028. The dispute was primarily about the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, and other employment-related matters. The Fair Work Commission was the court in this matter, with the primary responsibility of ensuring that the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the agreement was a "registered agreement" under the Fair Work Act. This required the Commission to consider whether the agreement complied with various statutory provisions, including the "better off overall test" and the "no protected action test". The Commission also had to assess whether the agreement was fairly and genuinely negotiated and whether it contained the necessary provisions to ensure the protection of employee rights and interests.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. The Commission found that the agreement was fairly and genuinely negotiated and that it met the "better off overall test" and the "no protected action test". The Commission was satisfied that the agreement contained appropriate provisions for the protection of employee rights and interests, including provisions for dispute resolution, flexibility, and the preservation of existing terms and conditions. Based on these findings, the Commission approved the agreement, recognising it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Downer Utilities Australia Pty Ltd Transmission Queensland Enterprise Agreement 2024-2028 as a registered agreement. This decision was made on the basis that the agreement was fairly and genuinely negotiated, met the statutory requirements of the Fair Work Act, and contained appropriate provisions for the protection of employee rights and interests. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Downer Utilities Australia Pty Ltd Trading AS Downer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established