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

Case

[2023] FWCA 3067

21 SEPTEMBER 2023


[2023] FWCA 3067

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

(AG2023/3150)

E & M FIRE SOLUTIONS PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the E & M Fire Solutions Pty Ltd & ETU Enterprise 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 E & M Fire Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

  1. This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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. 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. 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 21 September 2023 and, in accordance with s 54, will operate from 28 September 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE521597  PR766476>

Annexure A

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