Electrical & Powerline Services PTY LTD

[2015] FWCA 2089

[2015] FWCA 2089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Electrical & Powerline Services PTY LTD
(AG2015/2007)

ELECTRICAL AND POWERLINE SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2015-2017

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 26 MARCH 2015

Application for approval of the Electrical and Powerline Services Pty Ltd Enterprise Bargaining Agreement 2015-2017.

[1] An application for approval of an enterprise agreement known as the Electrical and Powerline Services Pty Ltd Enterprise Bargaining Agreement 2015-2017 (the Agreement) has been made by Electrical & Powerline Services Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] As a result of concerns as to whether the Agreement met the requirements of s.186 and 187 of the Act, 1 the employer has provided undertakings pursuant to s.190(3) of the Act. The undertakings meet the concerns and otherwise meet the requirements of s.190 of the Act. The undertakings are appended to the Agreement as Appendix A, which will be taken to be a term of the Agreement.

[3] The consultation clause in the Agreement does not meet all the statutory requirements of a consultation term, specifically the requirements in s.205(1)(a)(ii) and s.205(1A) of the Act concerning consultation in relation to changes to ordinary hours of work and employee rosters. In accordance with s.205(2) of the Act the model consultation term will be taken to be a term of the Agreement. The model term is appended to the Agreement as Appendix B.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the CEPU.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 2 April 2015. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

 1   Set out to the parties in a Statement of Preliminary Findings, 4 March 2015

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