Deltec Groups Pty Ltd
[2022] FWCA 1221
•6 APRIL 2022
| [2022] FWCA 1221 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Deltec Groups Pty Ltd
(AG2022/928)
Deltec Electrical & Mechanical Pty Ltd & ETU NSW Construction Enterprise Agreement 2021
| Electrical contracting industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 6 APRIL 2022 |
Application for approval of the Deltec Electrical & Mechanical Pty Ltd &ETU NSW Construction Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement known as the Deltec Electrical & Mechanical Pty Ltd &ETU NSW Construction Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.
I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to subsection 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.
Based on the statutory declaration provided by the organisation, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) 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 satisfied that the ETU was a bargaining representative for the Agreement. I note that the Agreement covers the ETU.
I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.
I am satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 April 2022. The nominal expiry date of the Agreement is 31 October 2022.
DEPUTY PRESIDENT
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