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

[2016] FWCA 1592

[2016] FWCA 1592

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(AG2016/2376)

851 ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE

AGREEMENT 2015-2016

Electrical contracting industry

COMMISSIONER ROE SYDNEY, 15 MARCH 2016

Application for approval of the 851 Electrical Services Pty Ltd and ETU Enterprise

Agreement 2015-2016.

[1]        An application has been made for approval of an enterprise agreement known as the

851 Electrical 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing

and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2]        851 Electrical Services Pty Ltd 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.

[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]        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.
[2016] FWCA 1592

[6]        The Agreement was approved on 15 March 2016 and, in accordance with s.54, will

operate from 22 March 2016. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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[2016] FWCA 1592

ANNEXURE A