Tyrone Electrical Services (Qld) Pty Ltd

[2022] FWCA 1424

[2022] FWCA 1424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tyrone Electrical Services (Qld) Pty Ltd

(AG2022/1119)

Tyrone Electrical Services (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 28 APRIL 2022

Application for approval of the Tyrone Electrical Services (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

1. An application has been made for approval of an enterprise agreement known as the Tyrone Electrical Services (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyrone Electrical Services (Qld) Pty Ltd (the Applicant).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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. 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 is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

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