SDF Electrical Pty Ltd

[2019] FWCA 7270

[2019] FWCA 7270

FAIR WORK COMMISSION

DECISION

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

SDF Electrical Pty Ltd
(AG2019/3511)

SDF ELECTRICAL PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 30 OCTOBER 2019

Application for approval of the SDF ELECTRICAL PTY LTD & ETU Sydney Construction Enterprise Agreement 2019.

[1] SDF Electrical Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the SDF ELECTRICAL PTY LTD & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] 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 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.

[3] The Commission raised certain concerns regarding the Agreement with the Employer, and as a result, written undertakings were made by the Employer. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the CEPU regarding the undertakings provided by the Employer. The CEPU indicated to my chambers that it is satisfied with the Applicant’s written undertakings.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee that will be covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU. The 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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Annexure A: