Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2024] FWCA 224
•18 JANUARY 2024
| [2024] FWCA 224 |
| 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
(AG2023/5342)
GBC CONTRACTORS PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT
| Plumbing industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 18 JANUARY 2024 |
Application for approval of the GBC Contractors Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement
An application has been made for approval of an enterprise agreement known as the GBC Contractors 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant). The employer covered by the Agreement is GBC Contractors Pty Ltd (the Employer). The Agreement is a greenfields enterprise agreement.
The Employer has provided a written undertaking (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 undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Subject to the undertaking 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 undertaking is 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 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied services Union of Australia (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 18 January 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523177 PR770389>
Annexure A
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