Category 5 Labour Management T/A CAT5 RAIL

[2022] FWCA 3213

[2022] FWCA 3213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Category 5 Labour Management T/A CAT5 RAIL

(AG2022/3539)

Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 15 SEPTEMBER 2022

Application for approval of the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025.

1. Category 5 Labour Management T/A CAT5 RAIL (the Employer) has made an application for approval of an enterprise agreement known as the Category 5 and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 15 September 2022 and will operate from 22 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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