Absolute Commissioning Group Pty Ltd T/A ACOM Group

[2022] FWCA 2649

[2022] FWCA 2649

The attached document wholly replaces the document previously issued with the code [2022] FWC 2058 on 3 August 2022 to correct document referencing.

Associate to Commissioner Cirkovic

Dated 4 August 2022.

[2022] FWCA 2649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Absolute Commissioning Group Pty Ltd T/A ACOM Group

(AG2022/3088)

Absolute Commissioning Group Pty Ltd– Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 AUGUST 2022

Application for approval of the Absolute Commissioning Group Pty Ltd– Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

1. An application has been made for approval of a greenfields agreement known as the Absolute Commissioning Group Pty Ltd– Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Absolute Commissioning Group Pty Ltd T/A ACOM Group.

1. 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. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9(b) 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.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 10 August 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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