Monadelphous Electrical & Instrumentation Pty Ltd

[2016] FWCA 6852

[2016] FWCA 6852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Monadelphous Electrical & Instrumentation Pty Ltd
(AG2016/5728)

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 27 SEPTEMBER 2016

Application for variation of the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2016.

[1] An application has been made pursuant to section 217 of the Fair Work Act 2009 (the Act) to vary the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2016 (the Agreement)to remove ambiguity and uncertainty.

[2] The application was made by Monadelphous Electrical & Instrumentation Pty Ltd (the Applicant) on 15 September 2016. On 22 September 2016 the Applicant and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) advised my chambers that they did not seek to make submissions in relation to the application. Neither the Applicant nor the CEPU sought to be heard on the matter and I have decided to determine the matter on the papers.

[3] I am satisfied that each of the relevant requirements in section 217 of the Act have been met.

[4] In order to remove uncertainty in relation to particular provisions of the Agreement, I order that the Agreement be varied as follows:

1. In clause 1.5 (b) remove the word ‘;and’

2. In clause 1.5 (c) remove the words ‘The Electrical, Energy and Services Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Queensland Branch (the ETU).’

3. In clause 11.1 strikethrough the signature panel for the CEPU.

4. The undertakings provided by the Applicant dated 22 August 2016 found at the end of the Agreement and which are taken to be terms of the Agreement pursuant to s.191(1) of the Act, are removed.

[5] Accordingly, the application is granted and the variation, as sought, and the variation will operate from today. The version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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