Core Talent Pty Ltd

[2022] FWCA 1976

[2022] FWCA 1976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Core Talent Pty Ltd

(AG2022/1850)

Core Talent Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 - 2024

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 JUNE 2022

Application for approval of the Core Talent Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 - 2024

1. An application has been made for approval of an enterprise agreement known as the Core Talent Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 - 2024 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by Core Talent Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

1. The matter was allocated to my Chambers on 16 June 2022.

1. The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. Clause 38(c) and clause 50(e) relating to an employee’s entitlement to payment of NES entitlements upon termination of employment; clause 27(b) relating to public holidays and clause 33 relating to severance pay may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 9(b) of the Agreement is deemed sufficient to resolve these NES concerns.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CEPU and that the Agreement covers this organisations.

1. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

1. The Agreement was approved on 17 June 2022 and, in accordance with s.54 of the Act, will operate from 24 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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