The Trustee for the Ousley Family Trust T/A Alternate Green Electrical Services Pty Ltd

[2020] FWCA 2535

[2020] FWCA 2535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Ousley Family Trust T/A Alternate Green Electrical Services Pty Ltd
(AG2020/1117)

ALTERNATE GREEN ELECTRICAL SERVICES PTY LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 14 MAY 2020

Application for approval of the Alternate Green Electrical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Alternate Green Electrical Services Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (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 the Ousley Family Trust T/A Alternate Green Electrical Services Pty Ltd. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and in accordance with s.54, will operate from 21 May 2020. The nominal expiry date of the Agreement is 1 March 2022.

COMMISSIONER

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<AE508051  PR719375>

Annexure A