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

[2022] FWCA 1360

[2022] FWCA 1360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

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

(AG2022/576)

United Lift Services Pty. Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 APRIL 2022

Application for variation of the United Lift Services Pty. Ltd. ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022

1. An application has been made for approval of a variation to the United Lift Services Pty. Ltd. ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

1. The Agreement was previously Varied before this application. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Variation. The undertakings were accepted and the Variation was approved on 20 August 2020. Those undertakings form part of the Agreement as varied.

1. United Lift Services Pty. Ltd (the employer) has requested that the application have an operative date of 17 February 2022. The views of the ETU the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) were sought in relation to this request. The ETU submitted that they are in support of the operative date being backdated.

1. As both parties are in agreeance, I am satisfied to approve the Variation with an operative date of 17 February 2022.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 17 February 2022.

COMMISSIONER

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