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

[2024] FWCA 2923

[2024] FWCA 2923

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

(AG2024/2878)

ELEVEN DEGREES GROUP PTY LTD AND ETU GREENFIELDS AGREEMENT 2021-2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 9 AUGUST 2024

Application for approval of the Eleven Degrees Group Pty Ltd and ETU Greenfields Agreement 2021-2025

1. An application has been made for approval of a greenfields agreement known as the Eleven Degrees Group Pty Ltd and ETU Greenfields Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

1. 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. In particular, I am satisfied that CEPU is 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. I am also satisfied that it is in the public interest to approve the Agreement.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Part A Clause 35.4: Public holidays; and

b)Part A Clause 20.1(a) and Part B Clause 20.1(a): Notice of termination. 

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Noting the NES precedence clause (clause 4.1(b)), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CEPU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 16 August 2024. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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Annexure A