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

[2018] FWCA 7329

[2018] FWCA 7329

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
(AG2018/6246)

AUSTUNNEL PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the Austunnel Pty Ltd and ETU Greenfields Agreement 2018-2021.

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

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are 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 Employer has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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 these organisations.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 7 December 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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Annexure A