Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Alland Group Pty Ltd
[2025] FWCA 2371
•18 JULY 2025
| [2025] FWCA 2371 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Alland Group Pty Ltd
(AG2025/1714)
ALLAND GROUP ENTERPRISE AGREEMENT 2024 - 2027
| Electrical contracting industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 18 JULY 2025 |
Application for variation of the Alland Group Enterprise Agreement 2024 – 2027
An application has been made for approval of a variation to the Interflow Resources Pty Ltd NSW & ACT Workplace Agreement 2022 - 2026 (the Agreement). The application was made by the Communications, Electrical, Electronic. Energy. Information, Postal Plumbing and Allied Services Union (CEPU) pursuant to section 210 of the Fair Work Act 2009 (the Act).
Section 210(2)(a) of the Act requires that the application be accompanied by a signed copy of the variation. The variation as originally filed was not signed in accordance with the Fair Work Regulations 2009 (Cth). An amended, signed variation was subsequently filed. I consider it appropriate in the circumstances to allow the Applicant to amend the application to substitute the corrected documents and do so pursuant to s.586 of the Act.
The application seeks to vary the title and various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
The employees who were asked to vote to approve the variation were provided with hard copies of the proposed variation and voting details on 14 May 2025. Voting on the variation commenced on 21 May 2025. The parties confirmed that, pursuant to 6(b) and 16(b) of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 (Statement of Principles), the Union agreed that 6 full calendar days would be a reasonable period of time for the purposes of 6(b) and 16(b). Further submissions were made to the effect that the CEPU was the only employee bargaining representative in relation to the agreement being varied and that the union represented a significant proportion of the employees to be covered by the agreement as varied. I am satisfied that this is the case. I conclude that the employees had a reasonable opportunity to consider the variation before voting on it and had a reasonable opportunity to vote on the proposed variation in free and informed manner.
I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval have been met. In reaching this state of satisfaction I have had regard to the provisions of the Act, the Statement of Principles and the submissions of the Applicant regarding these matters. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 18 July 2025.
DEPUTY PRESIDENT
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