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

Case

[2024] FWCA 3235

11 SEPTEMBER 2024


[2024] FWCA 3235

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

(AG2024/2568)

GLOBE LABOUR SERVICE (GLOBE GROUP MAJOR PROJECTS PTY LTD) SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Plumbing industry

COMMISSIONER MATHESON

SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Globe Labour Service (Globe Group Major Projects Pty Ltd) Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Globe Labour Service (Globe Group Major Projects Pty Ltd) Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. The application was not lodged within 14 days after the Agreement was made. The Applicant made submissions addressing this. Pursuant to s.185(3)(b) of the Act, in all the circumstances and having considered the submissions of the Applicant, I consider it fair to extend the time for making the application to the date it was made and grant the extension until that date.

  1. The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

  1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 1 January 2026.


COMMISSIONER

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