Payment Solutions Australia Pty Ltd

[2024] FWCA 3234

[2024] FWCA 3234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Payment Solutions Australia Pty Ltd

(AG2024/2822)

PAYMENT SOLUTIONS AUSTRALIA PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2023

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Payment Solutions Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2023

1. An application has been made for approval of a greenfields agreement known as the Payment Solutions Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2023 (Agreement). The application was made by Payment Solutions Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. It is declared in the Form F20 that the Applicant will be establishing a genuine new enterprise to complete contracted works on the Southern Queensland Correctional Precinct Project and that at the date the Agreement was made, the Applicant had not employed any persons who will be necessary for the normal conduct of the new enterprise and who will be covered by the Agreement.

1. Based on the information before the Commission I am satisfied that the Agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. The Agreement is expressed to cover the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). It is declared in the Form F20 and in the Form F21 that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work to be performed under it. Having considered the work to be covered by the Agreement, I am satisfied this is the case. Based on the information before the Commission I am also satisfied that it is in the public interest to approve the Agreement.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

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