CitiPower Pty T/A CitiPower

[2014] FWCA 1671

[2014] FWCA 1671

FAIR WORK COMMISSION

DECISION

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

CitiPower Pty T/A CitiPower
(AG2014/3708)

CITIPOWER (ASU; APESMA; NUW) ENTERPRISE AGREEMENT 2013

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 11 MARCH 2014

Application for approval of the Citipower (ASU; APESMA; NUW) Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Citipower (ASU; APESMA; NUW) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Act by Ms Liza Teresinski, of CitiPower Pty T/A CitiPower (CitiPower). The Agreement is a single Enterprise Agreement.

[2] On reading the terms of the Agreement, I became concerned that the terms of the Agreement might not meet the better off overall test as required by s.186(2)(d) of the Act. I advised the Applicant of those concerns.

[3] Ms Teresinski of CitiPower has provided written Undertakings. A copy of those Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act.

[4] Subject to the Undertakings referred to above, 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.

[5] An F18 — Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement was lodged by each of the Australian Municipal, Administrative, Clerical and Services Union (the ASU); the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the National Union of Workers (the NUW). Those employee organisations have been provided with a copy of the Undertakings. No objections to the Undertakings have been received.

[6] The ASU, APESMA and the NUW, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers these organisations.

[7] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from seven days after the approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Annexure A:

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