Perigon Pty Ltd

Case

[2021] FWCA 179

21 JANUARY 2021

No judgment structure available for this case.

[2021] FWCA 179
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Perigon Pty Ltd
(AG2020/3345)

PERIGON PTY LTD QUEEN’S WHARF PROJECT AGREEMENT

Electrical contracting industry

COMMISSIONER HARPER-GREENWELL

MELBOURNE, 21 JANUARY 2021

Application for approval of the PERIGON PTY LTD Queen’s Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the PERIGON PTY LTD Queen’s Wharf Project Agreement (the Agreement). The application was made by Perigon Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed a Form F21-Declaration confirming it was a bargaining representative and it supported the application for approval of the Agreement made under subsection 182(3) of the Act. No other union named in clause 3.1 of the Agreement filed a Form F21-Declaration.

[4] Perigon Pty Ltd is an Australian owned and operated electrical and communications engineering and contracting company providing electrical services. In accordance with s.187(5)(a) of the Act, I am satisfied 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 that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers the organisation.

[6] The Agreement was approved on 21 January 2021 and, in accordance with s.54, will operate from 28 January 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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