Transco Power Pty Ltd

[2022] FWCA 1210

[2022] FWCA 1210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Transco Power Pty Ltd

(AG2022/828)

Transco power pty Ltd – rozelle interchange 3b greenfield Agreement 2021-2024

Electrical Contracting
COMMISSIONER P RYAN	SYDNEY, 5 APRIL 2022

Application for the approval of the Transco Power Pty Ltd – Rozelle Interchange 3B Greenfield Agreement 2021-2024

1. An application has been made for approval of a greenfields agreement known as the Transco Power Pty Ltd – Rozelle Interchange 3B Greenfield Agreement 2021-2024 (the Agreement). The application was made by Transco Power Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

1. On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

1. The employer 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 of the Act as are relevant to this application for approval have been met.

1. 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. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER
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