AGL Loy Yang Pty Ltd

[2021] FWCA 1510

[2021] FWCA 1510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Loy Yang Pty Ltd
(AG2021/4189)

AGL LOY YANG ENTERPRISE AGREEMENT 2021

Electrical power industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 APRIL 2021

Application for approval of the AGL Loy Yang Enterprise Agreement 2021.

[1] AGL Loy Yang Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AGL Loy Yang Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[3] I observe that clause 15.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.2 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, the Association of Professional Engineers, Scientists and Managers, Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 7 April 2021 and, in accordance with s 54, and clause 3.1 of the Agreement, will operate from 27 May 2021. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

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