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

[2021] FWC 2497

[2021] FWC 2497

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
(AG2021/3944)

COMMISSIONER MCKINNON MELBOURNE, 4 MAY 2021

Greenfields agreement – application for approval – insufficient evidentiary basis – application dismissed.

[1] The Trustee for DeMenna Family Trust (the Employer) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have purportedly made a greenfields agreement known as the Rail Power Solutions and ETU Victorian Rail Infrastructure Greenfields Agreement 2018-2021 (the Agreement) under section 172(2)(b) of the Act.

[2] The Agreement is expressed to cover “The Trustee for DeMenna Family Trust T/A Rail Power Solutions | ABN: 92 401 405 997(“the Employer”), and associated entities” 1. Further information was sought about the associated entities of the Employer, and whether the Agreement relates to a genuine new enterprise that the Employer is establishing or proposes to establish.

[3] The application was listed for hearing on 1 April 2021 and for e-hearing on 3 May 2021. The Employer did not attend the hearing and did not respond to an invitation to participate in the e-hearing. The Union was not able to assist further with my inquiries about the application.

[4] On the material before me, I am not satisfied that the application is capable of approval, because I am not satisfied that the Agreement relates to a genuine new enterprise that the Employer is establishing or proposing to establish.

[5] The application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR729216>

 1   See cl 2(a).