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

[2013] FWCA 3133

[2013] FWCA 3133

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
(AG2013/6154)

DOWNER AUSTRALIA SOUTH AUSTRALIA (ELECTRICAL) AGREEMENT 2013-2016

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

Application for approval of the Downer Australia South Australia (Electrical) Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Australia South Australia (Electrical) 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 Downer EDI Engineering Electrical Pty Ltd. The Agreement is a single-enterprise agreement.

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

“Clause 4.3:

Clause 4.3 will be applied on the basis that the scope of the agreement is limited to commercial construction or engineering sites with a total project contract value of less than $500 million.”

[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.

sdp

Printed by authority of the Commonwealth Government Printer

<Price code J, AE401338  PR537026>