JTMEC Projects Pty Ltd
[2024] FWCA 2129
•11 JUNE 2024
| [2024] FWCA 2129 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
JTMEC Projects Pty Ltd
(AG2024/1860)
JTMEC PROJECTS PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 11 JUNE 2024 |
Application for approval of the JTMEC Projects Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025
JTMEC Projects Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the JTMEC Projects Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).
The Agreement is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.
The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.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.
On the basis of the materials before the Commission, 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.
In accordance with s.187(5)(a) of the Act, 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 also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the ETU and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2024. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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