Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2023] FWCA 2222
•18 JULY 2023
| [2023] FWCA 2222 |
| 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
(AG2023/2313)
C2O GROUP E&I & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 18 JULY 2023 |
Application for approval of the c2o Group E&I & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025
An application has been made for approval of an enterprise agreement known as the c2o Group E&I & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 29 June 2023.
I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
Based on the statutory declaration provided by the organisation, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 satisfied that the organisation was a bargaining representative for the Agreement. I note that the Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.
I am satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 July 2023. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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