AGL Torrens Island Pty Ltd T/A AGL Torrens

[2019] FWCA 6388

[2019] FWCA 6388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Torrens Island Pty Ltd T/A AGL Torrens
(AG2019/3248)

AGL TORRENS ISLAND PTY LTD ENTERPRISE AGREEMENT 2019

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the AGL Torrens Island Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the AGL Torrens Island Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGL Torrens Island Pty Ltd T/A AGL Torrens. 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.

[3] I note that clauses 15.2 and 24.1 of the Agreement provide that the Employer may deduct payment from an employee’s remuneration at the time of termination, or where the employee has performed jury service and has been paid by the Courts. In my view, the clauses may provide for deductions which are not permitted deductions within the meaning of s.324 of the Act. Pursuant to s.326 of the Act, the clause will have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved, and it does not represent a barrier to the approval of the Agreement.

[4] The Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Information, Postal, Plumbing & Allied Services Union of Australia (CEPU), the Australian Workers Union (AWU), Australian Municipal, Administrative, Clerical and Services Union (ASU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 the organisations.

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

•  Clause 19.1 - Annual Leave;

•  Clause 20.3 - Personal Leave; and

•  Clause 26 - Domestic Violence Leave.

However, noting clause 3.3 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 13 February 2023.

COMMISSIONER

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