Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2021] FWCA 2814

[2021] FWCA 2814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5058)

THE TRUSTEE FOR TRIP ELECTRICAL & DATA SOLUTIONS AND ETU GREENFIELDS AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MAY 2021

Application for approval of The Trustee for TRIP Electrical & Data Solutions and ETU Greenfields Agreement.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of The Trustee for TRIP Electrical & Data Solutions and ETU Greenfields Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement. The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with and covers the CEPU.

[3] The Agreement was approved on 17 May 2021 and, in accordance with s 54, will operate from 24 May 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A