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austlii:cth/FWCA/2025/2981
General information, not legal advice.
FWCA
2025-09-04
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Downer Utilities Australia Pty Ltd Trading AS Downer
DOWNER UTILITIES AUSTRALIA PTY LTD SUBSTATION (NEW SOUTH WALES, ACT) ENTERPRISE AGREEMENT 2024
Application for approval of the Downer Utilities Australia Pty Ltd Substation (New South Wales, ACT) Enterprise Agreement 2024
[1] 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.
[2] 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.
[3] 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.
[4] 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.
[5] 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.
[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] 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.
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