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

[2013] FWCA 3128

[2013] FWCA 3128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/5831)

INFRONT ELECTRICAL CONTRACTORS; ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MAY 2013

Infront Electrical Contractors; Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Infront Electrical Contractors; Enterprise Agreement 2013-2016 (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 (CEPU) and Infront Electrical Contractors. The Agreement is a single-enterprise agreement.

[2] The employer and the CEPU have provided undertakings in the following terms:

“Clause 4.3 which currently reads:

4.3 This Agreement will not apply in the event that employees are performing work on or in relation to a Project for which a Project Agreement has been negotiated or registered by Infront Electrical Contractors, or otherwise approved under the relevant industrial relations Legislation.

For the purpose of this sub-clause:

• ‘Project’ shall mean any commercial construction or engineering site with a total project contract value greater than $500 million.



• ‘Project agreement’ shall mean an enterprise agreement, made under the Fair Work Act 2009 or a collective agreement-based transitional instrument within the meaning of Item 5(C) of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 exclusively covering work performed at a Project.




Will not be applied with respect to this agreement.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2013. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

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