DOWNER EDI WORKS PTY LTD PAVEMENT PRESERVATION BUSINESS ENTERPRISE AGREEMENT 2026

Application for approval of the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2026

[1] Downer EDI Works Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Downer EDI Works Pty Ltd Pavement Preservation Business Enterprise Agreement 2026 (the Agreement).

[2] The Australian Workers' Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[3] The Agreement does not contain a delegates' rights term, as required by s.205A(1) of the Act. Under s.205A(2), the workplace delegates' rights term in Clause 26A of the Asphalt Industry Award 2020 the Award) is taken to be a term of the Agreement.

[4] Clause 3.5(c) of the Agreement relating to termination of employment by abandonment may be inconsistent with is inconsistent with the National Employment Standards (NES) at s.117(1) of the Act where an employer must not terminate an employee's employment unless the employer has given the employee written notice of the day of the termination.

[5] However, noting clause 12 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I raised a Better Off Overall Test (BOOT) concern that the Agreement does not provide entitlements for casual employees, despite casual employees being referenced at clause 21. The Employer made submissions that it does not currently engage casual employees, and does not intend to do so under this Agreement. I accept that it is not reasonably foreseeable that casual employees will be engaged by the Employer. Accordingly, I am not required to have regard to casual employees for the purpose of the BOOT pursuant to s.193A(6).

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2026. The nominal expiry date of the Agreement is 17 March 2029.

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