Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia-Electrical, Energy and Services Division - Tasmanian Divisional Branch

[2014] FWCA 7679

[2014] FWCA 7679

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-Electrical, Energy and Services Division - Tasmanian Divisional Branch
(AG2014/8992)

CEPU TASMANIAN OFFICE ADMINISTRATION STAFF AGREEMENT 2014 - 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2014

Application for approval of the CEPU Tasmanian Office Administration Staff Agreement 2014 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the CEPU Tasmanian Office Administration Staff Agreement 2014 - 2017 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Tasmanian Divisional Branch pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The flexibility provision in clause 12 does not comply with the requirements in section 203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 5 November 2014. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Annexure A:

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