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

[2020] FWCA 145

[2020] FWCA 145

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
(AG2019/4601)

ASG ELECTRICAL CONTRACTING PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 16 JANUARY 2020

Application for approval of the ASG Electrical Contracting Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the ASG Electrical Contracting Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] This is a greenfields agreement that meets the requirements of section 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 have 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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[6] The Agreement was approved on 16 January 2020 and, in accordance with s.54 of the Act, will operate from 23 January 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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