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

Case •

[2022] FWCA 3821

•

31 OCTOBER 2022
[2022] FWCA 3821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2022/4318)

Asset Electrical Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry

COMMISSIONER P RYAN

SYDNEY, 31 OCTOBER 2022

  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 Asset Electrical Services Pty Ltd and ETU Enterprise Agreement 2021-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 186, 187 and 188

  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.

National Employment Standards

  1. I observe that clauses 20.1(a) and 35.4 in Part A, and clause 20.1(a) in Part B of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representative

  1. The CEPU being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the CEPU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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