Australian Energy Market Operator T/A Australian Energy Market Operator Limited
[2024] FWCA 2178
•13 JUNE 2024
| [2024] FWCA 2178 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Energy Market Operator T/A Australian Energy Market Operator Limited
(AG2024/1865)
AEMO ENTERPRISE AGREEMENT 2024
| Electrical power industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 13 JUNE 2024 |
Application for approval of the AEMO Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the AEMO Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Australian Energy Market Operator T/A Australian Energy Market Operator Limited (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Services Union (ASU) and 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) of the Act I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 20 June 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525013 PR775960>
Annexure A
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