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

[2013] FWCA 2622

[2013] FWCA 2622

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/678)

KLENNER MURPHY ELECTRICAL PTY LTD CURTIS ISLAND LNG PROJECTS GREENFIELDS AGREEMENT 2011-2014

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 1 MAY 2013

Application for approval of the Klenner Murphy Electrical Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Klenner Murphy Electrical Pty Ltd Curtis Island LNG Projects Greenfields Agreement 2011-2014 (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 (the CEPU). The agreement is a greenfields agreement.

[2] On 11 April 2013 an undertaking was provided by Mr Tim Lane of Klenner Murphy Electrical Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] Statutory declarations were provided by:

● Mr Rohan Webb of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU);

● Mr Ben Swan of the Australian Workers’ Union (the AWU); and

● Mr Peter Simpson of the CEPU.

[4] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

[5] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[6] The agreement is approved. In accordance with s.54(1) it will operate from 8 May 2013. The nominal expiry date of the agreement is 30 June 2014.

COMMISSIONER

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