Regional Instrumentation and Electrical Services Pty Ltd

[2014] FWCA 2869

[2014] FWCA 2869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regional Instrumentation and Electrical Services Pty Ltd
(AG2014/884)

REGIONAL INSTRUMENTATION AND ELECTRICAL SERVICES PTY LTD CSG - UPSTREAM WORKS FIRST PHASE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2014

Application for approval of the Regional Instrumentation and Electrical Services Pty Ltd CSG - Upstream Works First Phase Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 April 2014 by Regional Instrumentation and Electrical Services Pty Ltd for the approval of a single-enterprise agreement known as the Regional Instrumentation and Electrical Services Pty Ltd CSG - Upstream Works First Phase Enterprise Agreement 2014(“the Agreement”).

[2] On 19 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the employer’s undertaking, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[5] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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