Drake Australia Pty Ltd
[2024] FWCA 4405
•10 DECEMBER 2024
| [2024] FWCA 4405 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Drake Australia Pty Ltd
(AG2024/4527)
DRAKE AUSTRALIA PTY LTD & ETU UNION COLLECTIVE AGREEMENT 2024-2026
| Electrical contracting industry | |
| COMMISSIONER TRAN | MELBOURNE, 10 DECEMBER 2024 |
Application for approval of the Drake Australia Pty Ltd & ETU Union Collective Agreement 2024-2026
Drake Australia Pty Ltd has applied for approval of an enterprise agreement known as the Drake Australia Pty Ltd & ETU Union Collective Agreement 2024-2026 under s 185 of the Fair Work Act 2009 (Cth).
The Agreement is a greenfields agreement.
The Employer has provided written undertakings. 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.
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.
The agreement’s delegates rights term in clause 13 is less favourable than the term in the award because it appears to omit some entitlements in clause 26A of the Award. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award is taken to be a term of the Agreement.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the ETU.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 December 2024.
In accordance with clause 6.1 of the Agreement, the nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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APPENDIX A
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