The Trustee for BJ Fraser Family Trust & The Trustee for CC Rankine Family Trust T/A POLE FOUNDATIONS AUSTRALIA

[2018] FWCA 4850

[2018] FWCA 4850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for BJ Fraser Family Trust & The Trustee for CC Rankine Family Trust T/A POLE FOUNDATIONS AUSTRALIA
(AG2018/1508)

POLE FOUNDATIONS AUSTRALIA ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2018

Application for approval of the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A POLE FOUNDATIONS AUSTRALIA. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 17 August 2018 and, in accordance with s.54, will operate from 24 August 2018. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE429591  PR610089>

Annexure A