ENTERPRISE AGREEMENTS – genuinely agree – s.185 Fair Work Act 2009 – application by FIP Electrical (NSW) P/L t/a FIP Electrical (NSW) P/L for approval of single enterprise agreement, FIP Electrical P/L (Tasmania Division) Construction Enterprise Agreement 2017-2020 (Agreement) – earlier application for approval withdrawn after Notice of Employee Representational Rights (NERR) inconsistent with requirements in the FW Act – accepted that bargaining for first agreement ceased when employer advised of NERR issues – answer on Form F16 of no employee bargaining representatives in error – no suggestion that continuity of employment broken on change of geographical region of work – CEPU opposed approval – Agreement negotiated and made with employees not geographically covered by its scope at the time – Commission found that Agreement not genuinely agreed to as employees who voted were not covered by scope – employer also provided notice for appointing a bargaining representative that undermined the NERR – held could not be approved – application dismissed. FIP Electrical Pty Ltd (Tasmania Division) Construction Enterprise Agreement 2017- 2020
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