Downer Utilities Australia Pty Ltd Trading AS Downer Summary

[2025] FWCA 2981

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

(AG2025/2764)

DOWNER UTILITIES AUSTRALIA PTY LTD SUBSTATION (NEW SOUTH WALES, ACT) ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 SEPTEMBER 2025

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

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

Undertakings

The Employer has provided written undertakings dated 3 September 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission was presented with an application from Downer Utilities Australia Pty Ltd Trading as Downer, seeking approval for the Downer Utilities Australia Pty Ltd Substation (New South Wales, ACT) Enterprise Agreement 2024. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, ensuring that the terms were not less favourable than the relevant national workplace determinations. The application required the Commission to assess the proposed agreement's provisions, including wages, conditions, and dispute resolution mechanisms, to ensure they met the necessary legal standards.

The primary legal issues before the Commission involved determining whether the proposed agreement's terms and conditions were consistent with the provisions of the Fair Work Act and the Fair Work Regulations. This included scrutinising whether the agreement provided at least the minimum entitlements specified in the relevant national workplace determinations, and whether the agreement adhered to the procedural requirements for enterprise agreements under the Fair Work Act. Additionally, the Commission had to consider the fairness and reasonableness of the proposed terms, ensuring they did not disadvantage the employees involved.

After thorough examination of the proposed agreement, the Commission concluded that the terms were in compliance with the Fair Work Act and the Fair Work Regulations. The agreement was found to provide employees with entitlements not less favourable than those stipulated in the relevant national workplace determinations. The Commission was satisfied with the procedural integrity of the agreement, noting that it had been negotiated in good faith and that the necessary consultation processes had been followed. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, thus approving the Downer Utilities Australia Pty Ltd Substation (New South Wales, ACT) Enterprise Agreement 2024.

The Fair Work Commission approved the Downer Utilities Australia Pty Ltd Substation (New South Wales, ACT) Enterprise Agreement 2024, effective from the date of the decision. The agreement was certified as meeting the requirements of the Fair Work Act and the Fair Work Regulations, ensuring that it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

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