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

[2023] FWCA 2583

[2023] FWCA 2583

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

(AG2023/2615)

CORE TALENT PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 16 AUGUST 2023

Application for approval of the Core Talent Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

1. An application has been made for approval of an enterprise agreement known as the Core Talent Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (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.

1. The Agreement is a single enterprise agreement.

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.

1. On 11 August 2023, I made enquiries to the parties regarding two matters to assist me in determining whether each of the requirements of ss. 186, 187 and 188 were met, being:

i.Whether employees were provided with a reasonable opportunity to consider the proposed agreement, which included material incorporated by reference in the agreement, namely the Electrical, Electronic and Communications Contracting Award 2020; and

ii.Whether employees were informed of the time place and method for the vote within such other reasonable time before the day on which voting starts as is agreed with one or more employee organisation(s) acting as bargaining representative(s) for a significant proportion of the employees to be covered by the agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, with the consent of the employer, Core Talent Pty Ltd, provided information that did satisfy me and having regard to Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023, and in particular paragraphs [4] – [7], and paragraph 16(b).

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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