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

Case

[2024] FWCA 1935

28 MAY 2024


[2024] FWCA 1935

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

(AG2024/1683)

ACE DATA SOLUTIONS PTY LTD & ETU GREENFIELDS AGREEMENT 2021 – 2025

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 28 MAY 2024

Application for approval of the ACE Data Solutions Pty Ltd & ETU Greenfields Agreement 2021 – 2025

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the ACE Data Solutions Pty Ltd & ETU Greenfields Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

  1. The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

  1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. Subject to the undertaking, I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the 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. I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

  1. The Agreement was approved on 28 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE524784  PR775391>

Annexure A

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