AusNet Transmission Group Pty Ltd T/A AusNet Services

[2022] FWCA 2844

[2022] FWCA 2844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AusNet Transmission Group Pty Ltd T/A AusNet Services

(AG2022/3181)

AusNet Services – ASU/APESMA Enterprise Agreement 2022

Electrical power industry
COMMISSIONER O'NEILL	MELBOURNE, 23 AUGUST 2022

Application for approval of the AusNet Services – ASU/APESMA Enterprise Agreement 2022

1. AusNet Transmission Group Pty Ltd has applied for approval of an enterprise agreement known as the AusNet Services – ASU/APESMA Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The agreement title in the Notice of Representational Rights (NERR) distributed to employees references the year 2021 while the agreement title in clause 1 of the Agreement references the year 2022. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Association of Professional Engineers, Scientists and Managers, 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

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

·   Clause 18.6(a) – Sundays and Public Holidays;

·   Clause 20.1 – Annual Leave;  

·   Clause 22 – Carer’s Leave; and

·   Clause 23.1 – Compassionate Leave.

However, noting clause 4 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 30 August 2022. The nominal expiry date of the Agreement is 1 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517100  PR744983>

Annexure A