AGL Energy Limited T/A AGL Energy Limited

[2024] FWCA 2324

[2024] FWCA 2324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AGL Energy Limited T/A AGL Energy Limited

(AG2024/2053)

AGL VICTORIA WIND OPERATIONS ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER TRAN	MELBOURNE, 21 JUNE 2024

Application for approval of the AGL Victoria Wind Operations Enterprise Agreement 2024

1. AGL Energy Limited T/A AGL Energy Limited has applied for approval of an enterprise agreement known as the AGL Victoria Wind Operations Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 20.4 – Annual Leave may be inconsistent with s 93 of the Act; and

• Clause 21.2 – Compassionate Leave does not provide for circumstances relating to stillbirth or miscarriage as required by s 104(1)(c).

1. The Agreement contains an effective NES precedence clause at Clause 4.1 of the Agreement, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 June 2024.

1. In accordance with Clause 3.1, the nominal expiry date of the Agreement is 1 October 2027.

COMMISSIONER

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