Thyristors Pty Ltd

[2021] FWCA 4631

[2021] FWCA 4631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thyristors Pty Ltd
(AG2021/6348)

THYRISTORS PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 4 AUGUST 2021

Application for approval of the Thyristors Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024.

[1] Thyristors Pty Ltd has applied for approval of a greenfields agreement known as the Thyristors Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024.

[2] The Agreement 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 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 3.4.3 – Notice of termination by employee;

•  Clause 6.1 – Annual Leave;

•  Clause 6.2.7 – Evidence supporting claim; and

•  Clause 6.7.8 – Substitution.

However, noting clause 1.7.2 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2021. The nominal expiry date of the Agreement is 31 January 2025.

COMMISSIONER

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