AC Installation Services Pty Ltd

[2020] FWCA 1887

[2020] FWCA 1887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AC Installation Services Pty Ltd
(AG2020/545)

AC INSTALLATION SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 – 2023

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 8 APRIL 2020

Application for approval of the AC Installation Services Pty Ltd and CEPU Electrical Division Enterprise Agreement 2019 - 2023.

[1] An application has been made for the approval of an enterprise agreement known as the AC Installation Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 – 2023 (the Agreement). The application as made pursuant to s. 185 of Fair Work Act 2009 (the Act). It has been made by AC Installations Services Pty Ltd (the Applicant).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative for the Agreement, filed a Form F21 statutory declaration stating the CEPU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] In accordance with s. 187(5)(a) of the Act, I am satisfied that the CEPU 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.

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

[7] Pursuant to s. 53(2)(b) of the Act, I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

[8] The Agreement is approved and will operate in accordance with s. 54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507722  PR718181>

Annexure A.