Application for approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

[1] Klenner Murphy Electrical Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] The Agreement contains a delegates' rights term that is different to the commensurate term of the Electrical, Electronic and Communications Contracting Award 2020. Having regard to clause 2.2 of the Agreement I consider that the delegates' rights term meets the requirements of section 205A of the Fair Work Act.

[3] Noting clause 1.7.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the CEPU.

[6] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 July 2027.

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