Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2024] FWCA 854
•7 MARCH 2024
| [2024] FWCA 854 |
| 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
(AG2024/381)
CENTREPOINT CONTRACTING PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT
| Plumbing industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 7 MARCH 2024 |
Application for approval of the Centrepoint Contracting Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement
An application has been made for approval of an enterprise agreement known as the Centrepoint Contracting Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement (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 (CEPU) (the Applicant). The employer covered by the Agreement is Centrepoint Contracting Pty Ltd (the Employer). The Agreement is a greenfields enterprise agreement.
The Employer has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 3.1 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between this agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency.
The CEPU lodged a Form F21 statutory declaration as required by Rule 24(5) of the Fair Work Commission Rules 2013.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 7 March 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523767 PR772161>
Annexure A
0
0
0