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

[2013] FWCA 7359

[2013] FWCA 7359

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
(AG2013/9099)

TRUSTEE FOR J & J CARABOTT FAMILY TRUST & THE TRUSTEE FOR THE CARABOTT FAMILY TRUST T/A TECH SMART SYSTEMS AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 24 SEPTEMBER 2013

Application for approval of the Trustee for J & J Carabott Family Trust & The Trustee for the Carabott Family Trust T/A Tech Smart Systems and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for J & J Carabott Family Trust & The Trustee for the Carabott Family Trust T/A Tech Smart Systems and ETU Enterprise Agreement 2010-2014 (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). The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from the Trustee for J & J Carabott Family Trust & The Trustee for the Carabott Family Trust T/A Tech Smart Systems. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The CEPU, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

ATTACHMENT A

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