ETS Infrastructure Management Pty Ltd
[2022] FWCA 114
•14 JANUARY 2022
| [2022] FWCA 114 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
ETS Infrastructure Management Pty Ltd
(AG2021/9038)
ETS Infrastructure Management Pty Ltd T/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2021-2024
| Electrical power industry | |
| COMMISSIONER P RYAN | SYDNEY, 14 JANUARY 2022 |
Application for approval of the ETS Infrastructure Management Pty Ltd T/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024
ETS Infrastructure Management Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ETS Infrastructure Management Pty Ltd T/as ETS Vegetation Management Electrical Supply Industry Queensland Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
National Employment Standards (NES) – Public Holidays
I observe that clause 6.2 of the Agreement may be inconsistent with s.115(1)(b) of the Act in that it does not appear to recognise all public holidays that are declared or prescribed by the Holidays Act 1983 (Qld). However, noting clause 1.4 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183
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 the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the CEPU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 31 March 2024.
COMMISSIONER
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