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

[2016] FWCA 6155

[2016] FWCA 6155

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
(AG2016/4514)

EDGE ELECTRICAL & FIRE SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2015-2016

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	SYDNEY, 31 AUGUST 2016

Application for approval of the Edge Electrical & Fire Services Pty Ltd and ETU Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Edge Electrical & Fire Services Pty Ltd and ETU Enterprise Agreement 2015-2016 (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. 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.

[3] I note that the consultation term provided at clause 30 of Part A is inconsistent with the requirements prescribed by s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] It is also noted that the consultation term provided at clause 31 of Part B is inconsistent with the requirements prescribed by s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 31 August 2016 and, in accordance with s.54, will operate from 7 September 2016. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

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