Decon Industries Pty Ltd

[2020] FWCA 2023

[2020] FWCA 2023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decon Industries Pty Ltd
(AG2020/835)

DECON INDUSTRIES PTY LTD QUEEN’S WHARF PROJECT AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAKE	BRISBANE, 17 APRIL 2020

Application for approval of the Decon Industries Pty Ltd Queen’s Wharf Project Agreement.

[1] An application has been made by Decon Industies Pty Ltd (the Applicant) for approval for an enterprise agreement known as Decon Industries Pty Ltd Queen’s Wharf Project Agreement (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Applicant, and as a result, the Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. Pursuant to s. 190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement regarding the undertakings. No views were expressed by the CEPU relevant to the undertakings.

[3] The views of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) were also sought regarding the Agreement, noting clause 4.1 covers the CFMMEU and AMWU in regards to building and construction works undertaken by the employees. No views were expressed by the CFMMEU or the AMWU relevant to the Agreement.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). The Applicant has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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. Pursuant to s. 190 of the Act, I accept the undertakings. In accordance with s. 201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[6] The CEPU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) I note the Agreement covers that organisation.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507801  PR718364>

Appendix A.