AusNet Gas Services Pty Ltd

[2014] FWCA 8216

[2014] FWCA 8216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AusNet Gas Services Pty Ltd
(AG2014/9248)

AUSNET SERVICES (GAS) AGREEMENT 2014

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 18 NOVEMBER 2014

Application for approval of the AusNet Services (Gas) Agreement 2014.

[1] On 3 October 2014 AusNet Gas Services Pty Ltd (Applicant) made an application for approval of the AusNet Services (Gas) Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Applicant advised that the Agreement was lodged late due to the Australian Workers’ Union (AWU) needing to communicate with all of its branches before signing the Agreement. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the AWU has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The AWU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 November 2014. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

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ANNEXURE A