Australian Fibreoptic Services Pty Ltd T/A Australian Fibreoptic Solutions

[2024] FWCA 136

[2024] FWCA 136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Fibreoptic Services Pty Ltd T/A Australian Fibreoptic Solutions

(AG2023/5123)

AUSTRALIAN FIBREOPTIC SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER THORNTON	ADELAIDE, 11 JANUARY 2024

Approval decision – Greenfields Agreement - Application for approval of the Australian Fibreoptic Services Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

1. An application has been made for approval of a greenfields agreement known as the Australian Fibreoptic Services Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement). The application was made by Australian Fibreoptic Services Pty Ltd T/A Australian Fibreoptic Solutions pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement made pursuant to s.172(2)(b) of the Act.

1. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 the Agreement. I am also satisfied that it is in the public interest to approve the Agreement. 

1. 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.

1. I note that clauses 6.3.1 with respect to compassionate leave and clause 6.7.8 as it relates to the substitution of public holidays may be inconsistent with the National Employment Standards. As clause 1.7.1 2 of the Agreement provides that to the extent of any inconsistency, and where the NES provides a greater benefit, the NES will prevail, I am confident that NES entitlements will be afforded to employees.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2024. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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