CHS Group Australia Pty Ltd

[2019] FWCA 2749

[2019] FWCA 2749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CHS Group Australia Pty Ltd
(AG2018/6417)

CHS COLLECTIVE BARGAINING AGREEMENT (CBA) ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 APRIL 2019

Application for approval of the CHS Collective Bargaining Agreement (CBA) Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the CHS Collective Bargaining Agreement (CBA) Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CHS Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement lodged contained several numbering errors at clause 21 of the Agreement. I am satisfied that these errors should be corrected and that it is appropriate to do so pursuant to s.586 of the Act. The corrections are that the sub-clause numbering (a) to (zz) is to be ignored and that the first sentence of the clause (i.e. the words “This term applies if the employer:” shall be numbered sub-clause (1).

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

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Annexure A