Procrest Pty Ltd

Case

[2023] FWCA 2371

31 JULY 2023


[2023] FWCA 2371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Procrest Pty Ltd

(AG2023/2479)

PROCREST PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 31 JULY 2023

Application for approval of the Procrest Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

  1. Procrest Pty Ltd has made an application for approval of an enterprise agreement known as the Procrest Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

  1. 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

  1. I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

  1. The Agreement was approved on 31 July 2023 and, in accordance with s 54, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT
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