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

[2015] FWCA 8143

[2015] FWCA 8143

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
(AG2015/6732)

MOTION ELEVATORS AUSTRALIA PTY LTD / ETU/AMWU / CONSTRUCTION AND SERVICE EMPLOYEES 2015 – 2018 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Motion Elevators Australia Pty Ltd / ETU/AMWU / Construction & Service Employee 2015-2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Motion Elevators Australia Pty Ltd / ETU/AMWU / Construction & Service Employee 2015 – 2018 Enterprise Agreement (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] 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 26 November 2015 and, in accordance with s.54, will operate from 3 December 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

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