Electrical & Pumping Services Australia Pty Ltd

[2014] FWCA 367

[2014] FWCA 367

The attached document replaces the document previously issued with the above code on 15 January 2014

Correcting a typographical error

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 16 January 2014.

[2014] FWCA 367

FAIR WORK COMMISSION

DECISION

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

Electrical & Pumping Services Australia Pty Ltd
(AG2013/12141)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LIMITED APLNG UPSTREAM PROJECT UNION GREENFIELDS AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 JANUARY 2014

Electrical & Pumping Services Australia Pty Limited APLNG Upstream Project Union Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Electrical & Pumping Services Australia Pty Limited APLNG Upstream Project Union Greenfields Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Electrical & Pumping Services Australia Pty Ltd.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisations, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, taken as a group, are 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] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 January 2014. The nominal expiry date of the Agreement is 20 March 2016.

DEPUTY PRESIDENT

Annexure A

Suite 1403, Tower 2, 101 Grafton St,

PRIVATE AND CONFIDENTIAL

Bondi Junction, NSW 2022.

Attention: Bronwyn Brown

Fair Work Commission,

Level 8 Terrace Tower,

80 William Street, 15th January 2014 East Sydney,

NSW 2011.

Re: Undertaking re Electrical & Pumping Services Australia Pty Limited APLNG Upstream Project Union Greenfields Agreement 2013.

Matter number: AG2013/12141

Dear Madam,

I refer to the above Agreement which was submitted on the 20th December 2013. For the avoidance of all doubt I confirm that all references to the “Electrical & Pumping Services Australia Pty Limited APLNG Upstream Project Union Greenfields Agreement 2012” in the Agreement itself or the accompanying forms should in fact read “Electrical & Pumping Services Australia Pty Limited APLNG Upstream Project Union Greenfields Agreement 2013”. I confirm that any reference to 2012 is a typographical error.

If you require any further clarifications, please do not hesitate to contact me.

Yours faithfully,

________________________

Paul Buckley

DIRECTOR

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