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

[2022] FWCA 2205

[2022] FWCA 2205

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

(AG2022/2110)

A2B Personnel Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 1 JULY 2022

Application for approval of the A2B Personnel Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has applied for approval of a greenfields agreement known as the A2B Personnel Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of section 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 have 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. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·          Clause 12 – Redundancy;

·          Clause 13 – Annual Leave; and

·          Clause 14 – Public Holidays.

However, noting clause 6 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.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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