AGL Energy Limited Pty Ltd

[2014] FWCA 8035

[2014] FWCA 8035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Energy Limited Pty Ltd
(AG2014/8049)

AGL HYDRO AGREEMENT 2014

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 12 NOVEMBER 2014

Application for approval of the AGL Hydro Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as AGL Hydro Agreement 2014 (the Agreement). The application has been made by AGL Energy Limited Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was made by Daniel Nelson of AGL Energy Limited Pty Ltd on 31 October 2014.

[3] The Agreement was listed for e-hearing, in chambers before me at 12:00pm on Wednesday, 12 November 2014. All parties to the Agreement, including the employee bargaining representative, were notified of the e-hearing.

[4] Clause 34 — Consultation Over Change does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

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

[6] The Australian Municipal, Administrative, Clerical and Services Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and, the Construction, Forestry, Mining and Energy Union have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers these organisations.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Attachment A:

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