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

[2014] FWCA 6444

[2014] FWCA 6444

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
(AG2014/8899)

TM ENERGY PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2013-2016

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 15 SEPTEMBER 2014

Application for approval of the TM Energy Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the TM Energy Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016 (the Agreement). The application has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Jacqui Gillard of the CEPU, on 5 September 2014.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Monday, 15 September 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[4] Clause 42 - Consultation does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[5] The CEPU has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Attachment A:

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