AusNet Transmission Group Pty Ltd T/A AusNet Services
[2022] FWCA 1443
•29 APRIL 2022
| [2022] FWCA 1443 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AusNet Transmission Group Pty Ltd T/A AusNet Services
(AG2022/1122)
AUSNET SERVICES - ETU Enterprise Agreement 2022
| Electrical power industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 29 APRIL 2022 |
Application for approval of the AusNet Services – ETU Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the AusNet Services – ETU Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by AusNet Transmission Group Pty Ltd trading as AusNet Services (Employer). The Agreement is a single enterprise agreement.
During the access period for the Agreement, relevant employees were not given a copy of or ready access to Schedule E of the Electrical Power Industry Award 2020 (Award) as required by s 180(2) of the Act. Schedule E of the Award is incorporated into the Agreement and concerns the Supported Wage System. In the circumstances and having regard to the Employer’s submissions, I am satisfied that:
(a) this constitutes a minor procedural or technical error for the purposes of s 188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.[1]
Accordingly, I am satisfied that the Agreement was genuinely agreed to within the meaning of s 188(2) of the Act.
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.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material before the Commission including in the application and accompanying declaration, 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.
The Agreement lodged contained an administrative error at clause 4.1. On 28 April 2022. the Employer filed an amended version of the Agreement correcting the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act.
The Communication, 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 Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 May 2022. The nominal expiry date of the Agreement is 31 August 2023.
DEPUTY PRESIDENT
Annexure A
[1] Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others [2019] FWCFB 318
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