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austlii:cth/FWCA/2014/7146
procedural. The Agreement is approved and, in accordance with s 54(1), will operate from 16 October 2014. The nominal expiry date of the Agreement is 31 March 2016.
The Fair Work Commission approved an enterprise agreement between Diamond Power (Australia) Pty Ltd and the Electrical Trades Union. The agreement was approved because it met all the legal requirements under the Fair Work Act 2009. However, the agreement's consultation term did not meet the legal standards, so the Commission substituted the standard model consultation term from the Fair Work Regulations. The Commission also accepted an undertaking about clause 23.9.7 of the agreement, with the union's support. The agreement will operate from 16 October 2014 until 31 March 2016.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
DIAMOND POWER (AUSTRALIA) PTY LTD LATROBE VALLEY POWER INDUSTRY ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2013
Application for approval of the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement is a single-enterprise agreement.
[2] An undertaking has been given in relation to clause 23.9.7 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.
[3] Pursuant to s.190(4) of the Act, I have sought the views of the CEPU with respect to the undertaking and the CEPU supports the undertaking.
[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.
[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.
[6] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54(1), will operate from 16 October 2014. The nominal expiry date of the Agreement is 31 March 2016.
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The Agreement is approved and, in accordance with s 54(1), will operate from 16 October 2014. The nominal expiry date of the Agreement is 31 March 2016.