Programmed Skilled Workforce Ltd
[2023] FWCA 2866
•6 SEPTEMBER 2023
| [2023] FWCA 2866 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Programmed Skilled Workforce Ltd
(AG2023/2909)
PROGRAMMED SKILLED WORKFORCE QUEENSLAND (CS ENERGY) ENTERPRISE AGREEMENT 2023
| Electrical power industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 6 SEPTEMBER 2023 |
Application for approval of the Programmed Skilled Workforce Queensland (CS Energy) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Programmed Skilled Workforce Queensland (CS Energy) Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Skilled Workforce Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 3.1 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (‘NES’). Where there is an inconsistency between this Agreement and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
I note that Clause 4.1 of the Agreement provides that the Agreement will operate from the first full pay period on or after the date of approval by the Fair Work Commission. The Applicant proffered an undertaking relating to that clause. It is not necessary to accept that undertaking given that the date of operation of an agreement is a matter that is dealt with by s.54 of the Act.
The Constructions, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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