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

[2016] FWCA 206

[2016] FWCA 206

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

Plumbing and Allied Services Union of Australia

(AG2015/6304)

SIEMENS LTD BUILDING TECHNOLOGIES NSW SERVICE AND

CONSTRUCTION ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry

COMMISSIONER ROE MELBOURNE, 12 JANUARY 2016

Application for approval of the SIEMENS LTD Building Technologies NSW Service and

Construction Enterprise Agreement 2014-2017.

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

SIEMENS LTD Building Technologies NSW Service and Construction Enterprise Agreement

2014-2017 (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]        The Applicant 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]        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 206

[5]        The Agreement was approved on 12 January 2016 and, in accordance with s.54, will

operate from 19 January 2016. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code {G}, AE417411 PR576022>

[2016] FWCA 206

ANNEXURE A