The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A Pole Foundations Australia

[2022] FWCA 947

[2022] FWCA 947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A Pole Foundations Australia

(AG2022/506)

Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024

Electrical power industry
COMMISSIONER HUNT	BRISBANE, 21 MARCH 2022

Application for approval of the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024

1. The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A Pole Foundations Australia (the Employer) has applied for approval of an enterprise agreement known as the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.  

1. I am satisfied that the undertakings will not cause financial detriment to any employee 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.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. 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) of the Act I note that the Agreement covers the CEPU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2022.  The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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<AE515384  PR739443>

ANNEXURE A