Chelgrave Contracting Australia Pty Ltd

Case

[2023] FWCA 495

16 FEBRUARY 2023


[2023] FWCA 495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd

(AG2023/109)

Chelgrave Contracting Australia Pty Ltd Electrical Labour Hire Collective Agreement 2022-2025

Electrical contracting industry

DEPUTY PRESIDENT BELL

MELBOURNE, 16 FEBRUARY 2023

Application for approval of the Chelgrave Contracting Australia Pty Ltd Electrical Labour Hire Collective Agreement 2022-2025.

  1. An application has been made for approval of an enterprise agreement known as the Chelgrave Contracting Australia Pty Ltd Electrical Labour Hire Collective Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Chelgrave Contracting Australia Pty Ltd. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Communications, 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) I note that the Agreement covers the organisation.

  1. The Agreement was approved on 16 February 2023 and, in accordance with s.54 of the Act, will operate from 23 February 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

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