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

[2019] FWCA 496

[2019] FWCA 496

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
(AG2018/7073)

VIC TECH CONSULTING & CONSTRUCTION PTY LTD AND ETU ENTERPRISE AGREEMENT GEELONG REFINERY 2018 – 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Vic Tech Consulting & Construction Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Vic Tech Consulting & Construction Pty Ltd and ETU Enterprise Agreement Geelong Refinery 2018 - 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.1 - Termination of employment.

However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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