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

[2018] FWCA 3468

[2018] FWCA 3468

The attached document replaces the document previously issued with the above code on 13 June 2018.

There was an error in the Agreement name.

Agreements Team

Dated 14 June 2018

[2018] FWCA 3468

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
(AG2018/714)

PRASINUS ENERGY SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. (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] I note the Clause 33 is inconsistent with the National Employment Standards as it states that apprentices are not entitled to notice of termination. Given the National Employment Standards precedence clause at Clause 9 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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