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

[2021] FWCA 7330

[2021] FWCA 7330

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
(AG2021/8894)

IMPACT APPRENTICES PTY LTD AND ETU ENTERPRISE AGREEMENT (APPRENTICES) 2020 - 2024

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Impact Apprentices Pty Ltd and ETU Enterprise Agreement (Apprentices) 2020 - 2024

[1] An application has been made for approval of an enterprise agreement known as the Impact Apprentices Pty Ltd and ETU Enterprise Agreement (Apprentices) 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] Question 21 of the Form F17 and submissions made by the Applicant on 23 December 2021 indicate that a copy of the incorporated Award was not provided to employees, nor was access to it made available during the access period as required by s.180(2) of the Act. I am however satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514486  PR737199>

 1   [2019] FWCFB 318.