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

[2019] FWCA 8550

[2019] FWCA 8550

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
(AG2019/4395)

ADMINISTRATION STAFF EMPLOYED BY THE ELECTRICAL TRADES UNION OF EMPLOYEES QUEENSLAND, ETU DIVISION CERTIFIED AGREEMENT 2019

Clerical industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 DECEMBER 2019

Application for approval of the Administration Staff Employed by the Electrical Trades Union of Employees Queensland, ETU Division Certified Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Administration Staff Employed by the Electrical Trades Union of Employees Queensland, ETU Division Certified Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 18 December 2019 and, notwithstanding clause 1.3, in accordance with s.54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506533  PR715391>

Annexure A