Powerlines Plus (Qld) Pty Ltd

Case

[2022] FWCA 1744

27 MAY 2022


[2022] FWCA 1744

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Powerlines Plus (Qld) Pty Ltd

(AG2022/1553)

Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024

Building, metal and civil construction industries

COMMISSIONER CIRKOVIC

MELBOURNE, 27 MAY 2022

Application for approval of the Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024

  1. Powerlines Plus (Qld) Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

  1. Clause 11.9.9 relating to personal/carer’s leave, clause 5.2.5 relating to notice of termination and clause 5.3.2 relating to deductions upon termination, could be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 1.5 is deemed sufficient to resolve this NES concern.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.


COMMISSIONER

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