City Electrical Services (Aust) Pty Ltd

[2015] FWCA 7074

[2015] FWCA 7074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Application to vary an agreement to remove ambiguity or uncertainty

City Electrical Services (Aust) Pty Ltd
(AG2015/4596; AG2015/5839)

CITY ELECTRICAL SERVICES (AUST) PTY LTD UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for variation of the City Electrical Services (Aust) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made pursuant to section 217 of the Fair Work Act 2009 (Act) to vary the City Electrical Services (Aust) Pty Ltd Enterprise Agreement 2015 (Agreement) to remove ambiguityand uncertainty.

[2] The application was made by City Electrical Services (Aust) Pty Ltd and is supported by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. Thus, I have waived the requirements of the Fair Work Rules 2009 for initiating documentation to be filed.

[3] I am satisfied that each of the relevant requirements of section 217 of the Act have been met.

[4] In order to remove uncertainty in relation to particular provisions of the Agreement, I order that the Agreement be varied as follows:

1. In clause 1, the title clause, delete the word ‘Union.’

2. In clause 3 delete the following definition:

‘Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch (CEPU).’

3. Clause 4 will be altered to read:

‘This agreement shall be lodged with in accordance with the Act and shall be binding upon the Company and the Employees.’

4. Any title throughout the agreement will delete the word ‘Union.’

[5] Accordingly, the application is granted and the variation, as sought, and the variation will operate from today. The version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

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