AGL Energy Limited

[2018] FWCA 6164

[2018] FWCA 6164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Energy Limited
(AG2018/2249)

AGL SOMERTON AGREEMENT 2018

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2018

Application for approval of the AGL Somerton Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AGL Somerton Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGL Energy Limited. The Agreement is a single enterprise agreement.

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  clause 26 – Parental leave; and

•  clause 23.2.1 – Personal/carer’s leave

However, noting clause 4.4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 30 March 2021.

COMMISSIONER

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