Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
[2022] FWCA 4128
•24 NOVEMBER 2022
| [2022] FWCA 4128 |
| 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
(AG2022/4671)
Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025
| Rail industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 24 NOVEMBER 2022 |
Application for approval of the Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU) has made an application for approval of an enterprise agreement known as the Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the ETU, 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.
I observe that clause 16 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The ETU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 24 November 2022 and, in accordance with s 54, will operate from 1 December 2022. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
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