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

[2013] FWCA 7495

[2013] FWCA 7495

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
(AG2013/9186)

MECHANICAL MAINTENANCE SOLUTIONS PTY LTD (MMS), LATROBE VALLEY (VICTORIA) POWER INDUSTRY ELECTRICAL (ETU) GREENFIELDS ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Mechanical Maintenance Solutions Pty Ltd (MMS), Latrobe Valley (Victoria) Power Industry Electrical (ETU) Greenfields Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Maintenance Solutions Pty Ltd (MMS), Latrobe Valley (Victoria) Power Industry Electrical (ETU) Greenfields Enterprise Agreement 2013 (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 Mechanical Maintenance Solutions 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 Mechanical Maintenance Solutions Pty Ltd. In accordance with s.191(1) of the Act these 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 3 October 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

ATTACHMENT A

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