Contract Electrical (Qld) Pty Ltd

[2015] FWCA 156

[2015] FWCA 156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Contract Electrical (Qld) Pty Ltd
(AG2014/10958)

CONTRACT ELECTRICAL QLD PTY LTD T/A CEQ AUSTRALIA & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 JANUARY 2015

Application for variation of the Contract Electrical Qld Pty Ltd T/A CEQ Australia & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Contract Electrical (Qld) Pty Ltd for the approval of a variation to the Contract Electrical Qld Pty Ltd T/A CEQ Australia & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

By inserting the below paragraph into clause 1.7 - Application of Agreement:

“This Agreement does not apply to the Company with respect to employees who undertake Electrical Service and Construction Work valued less than 6 million dollars in Electrical Value.”

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 9 January 2015.

[6] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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