Resource Services Group E&I Pty Ltd
[2024] FWCA 644
•16 FEBRUARY 2024
| [2024] FWCA 644 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Resource Services Group E&I Pty Ltd
(AG2024/298)
RESOURCE SERVICES GROUP E&I PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND GREENFIELDS AGREEMENT 2023 - 2026
| Electrical contracting industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 16 FEBRUARY 2024 |
Application for approval of the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Greenfields Agreement 2023 – 2026.
An application has been made for approval of a greenfields agreement known as the Resource Services Group E&I Pty Ltd and CEPU Electrical Division Queensland Greenfields Agreement 2023 – 2026 (the Agreement). The application was made by Resource Services Group E&I Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).
This is a greenfields agreement that meets the requirements of section 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.
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.
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.
I note that the provisions at clauses 6.3 and clause 6.7 relating to compassionate leave and substitution of public holidays are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2024. The nominal expiry date of the Agreement is 31 July 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523577 PR771563>
0
0
0