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

[2020] FWCA 5706

[2020] FWCA 5706

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
(AG2020/3079)

MODERN FIRE PROTECTION PTY. LTD. AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Modern Fire Protection Pty. Ltd. and ETU Greenfields Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of a greenfields agreement known as the Modern Fire Protection Pty. Ltd. and ETU Greenfields Agreement 2018-2021 (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 for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement was approved on 27 October 2020 and, in accordance with s 54, will operate from 3 November 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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Annexure A