Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2013] FWCA 8431
•25 OCTOBER 2013
[2013] FWCA 8431 |
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
(AG2013/10783)
SUNSTONE RESOURCES PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2011 - 2014
Electrical contracting industry | |
DEPUTY PRESIDENT KOVACIC | MELBOURNE, 25 OCTOBER 2013 |
Application for approval of the Sunstone Resources Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2011 - 2014.
[1] An application has been made for approval of an enterprise agreement known as the Sunstone Resources Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2011 - 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Sunstone Resources Pty Ltd. The Agreement is a greenfields agreement.
[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[3] As noted, pursuant to s.190(3), I have accepted undertakings from Sunstone Resources Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 31 December 2014.
DEPUTY PRESIDENT
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