Ausnet Electricity Services Pty Ltd T/A AusNet Services

[2024] FWCA 4135

[2024] FWCA 4135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ausnet Electricity Services Pty Ltd T/A AusNet Services

(AG2024/4195)

AUSNET & ETU ENTERPRISE AGREEMENT 2023-2026

Electrical power industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the AusNet & ETU Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the AusNet & ETU Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AusNet Electricity Services Pty Ltd T/A AusNet Services. The Agreement is a single enterprise agreement.

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. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Applicant has only filed one form F17B on behalf of the employers. However, noting that they are single interest employers, I dispense with compliance with rule 32(3) in accordance with rule 7 of the Fair Work Commission Rules 2024 (Cth).

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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. The CEPU support approval of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·  Clause 27.15 – Compassionate Leave;

·  Clause 28.3(g) – Redundancy Process; and

·  Clause 29(k) – Termination of Employment.

However, noting clause 6(c) 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

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