Darley Group Australia Pty Ltd

[2021] FWCA 5892

[2021] FWCA 5892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darley Group Australia Pty Ltd
(AG2021/7340)

DARLEY GROUP AUSTRALIA PTY LTD & ETU NSW CONSTRUCTION ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2021

Application for approval of the Darley Group Australia Pty Ltd and ETU NSW Construction Enterprise Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the Darley Group Australia Pty Ltd and ETU NSW Construction Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Darley Group Australia Pty Ltd.

[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. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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