Klenner Murphy Electrical Pty Ltd

[2017] FWCA 4952

[2017] FWCA 4952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klenner Murphy Electrical Pty Ltd
(AG2017/3378)

KLENNER MURPHY ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 SEPTEMBER 2017

Application for approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a greenfields agreement known as the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (Agreement). The application was made by Klenner Murphy Electrical Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 Applicant has 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.

[4] 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[6] The Agreement was approved on 22 September 2017 and, in accordance with s.54, will operate from 29 September 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A