austlii:cth/FWCA/2026/245
General information, not legal advice.
FWCA
2026-02-06
Original judgment source is linked above.
s.185 - Enterprise agreement
Downer EDI Engineering Power Pty Ltd t/as Downer
DOWNER EDI ENGINEERING POWER PTY LTD NSW REGIONAL ENTERPRISE AGREEMENT 2025
Application for approval of the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2025
[1] Downer EDI Engineering Power Pty Ltd (Downer) has applied for approval of a single enterprise agreement known as the Downer EDI Engineering Power Pty Ltd NSW Regional Enterprise Agreement 2025 (the Agreement).
[2] Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.
[3] Neither the access period nor the notice of vote was given at least seven clear days before the vote to approve the Agreement commenced. This was the result of an agreement between the parties to facilitate implementation of terms for the benefit of employees before Christmas. It does not have appear to have had any relevant bearing on the level of participation in the vote, or on the voting outcome. In the circumstances, I am satisfied that employees had a reasonable opportunity both to consider the proposed agreement before voting and to vote on the proposed agreement.
[4] With the undertakings now given, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
[5] The Agreement is approved and will operate from 13 February 2026. The nominal expiry date of the Agreement is 30 June 2028.
[6] The model consultation term is taken to be a term of the Agreement.
[7] The Agreement covers the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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