AGL Macquarie Pty Ltd

[2016] FWCA 8564

[2016] FWCA 8564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Macquarie Pty Ltd
(AG2016/6728)

AGL MACQUARIE ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER ROE	SYDNEY, 29 NOVEMBER 2016

Application for approval of the AGL Macquarie Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AGL Macquarie Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGL Macquarie Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation; the Community and Public Sector Union; the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); the Construction, Forestry, Mining and Energy Union; the Association of Professional Engineers, Scientists and Managers, Australia; the Australian Municipal, Administrative, Clerical and Services Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and the Australian Institute of Marine and Power Engineers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement provides at Clause 3.1 that “This agreement will commence seven (7) days after the date of approval of the Agreement by the Fair Work Commission and will operate from 1 January 2017.” Employees were advised by AGL at the time of the vote that “The first salary increase will apply from the first pay period following a successful ‘yes’ vote, with the payments made following Fair Work Commission approval.” The Agreement was approved on 29 November 2016 and, in accordance with s.54, will operate from 1 January 2017. However, the parties agree and I am satisfied that Clause 3.1 of the Agreement requires that the first salary increase provided by the Agreement shall apply on and from the first pay period following 18 October 2016, the date when the agreement was made. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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