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

[2013] FWCA 2047

[2013] FWCA 2047

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
(AG2013/563)

O’DONNELL GRIFFIN CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the O’Donnell Griffin Caval Ridge Project Union Greenfields Agreement .

[1] An application has been made for approval of an enterprise agreement known as the O’Donnell Griffin Caval Ridge Project Union Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single-enterprise agreement.

[2] 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] On 27 March 2013 an undertaking was provided by the employer. 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

[4] Statutory declaration was provided by:

• Mr K McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[5] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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