Centrogen Ventures Pty Ltd T/A CBM Resources Victoria

[2021] FWCA 6113

[2021] FWCA 6113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Centrogen Ventures Pty Ltd T/A CBM Resources Victoria
(AG2021/7606)

CENTROGEN VENTURES PTY LTD T/A CBM RESOURCES VICTORIA & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 OCTOBER 2021

Application for approval of the Centrogen Ventures Pty Ltd T/A CBM Resources Victoria & ETU Powerline Enterprise Agreement 2020-2023

[1] Centrogen Ventures Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Centrogen Ventures Pty Ltd T/A CBM Resources Victoria & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 October 2021.

[3] On 4 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

● Chambers sought an amended agreement signature page containing the address of the employer signatory.

● As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the parties were notified that the model flexibility term is taken to be a term of the Agreement.

[4] The Communication, 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 the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE513367  PR734560>