Timco Transmission Lines Pty Ltd

Case

[2023] FWCA 929

29 MARCH 2023


[2023] FWCA 929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Timco Transmission Lines Pty Ltd

(AG2023/532)

TIMCO TRANSMISSION LINES PTY LTD (NEW SOUTH WALES, ACT, TASMANIA, SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2022-2023

Electrical power industry

DEPUTY PRESIDENT BELL

MELBOURNE, 29 MARCH 2023

Application for approval of the TIMCO TRANSMISSION LINES PTY LTD (NEW SOUTH WALES, ACT, TASMANIA, SOUTH AUSTRALIA) Enterprise Agreement 2022-2023.

  1. An application has been made for approval of a greenfields agreement known as the TIMCO TRANSMISSION LINES PTY LTD (NEW SOUTH WALES, ACT, TASMANIA, SOUTH AUSTRALIA) Enterprise Agreement 2022-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by the employer, Timco Transmission Lines Pty Ltd.

  1. 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.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. 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.

  1. 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.

  1. The Agreement was approved on 29 March 2023 and, in accordance with s.54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 31 December 2023.


DEPUTY PRESIDENT

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