CleanCo Queensland Limited
[2024] FWCA 1459
•19 APRIL 2024
| [2024] FWCA 1459 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
CleanCo Queensland Limited
(AG2024/1025)
WORKING AT CLEANCO BARRON GORGE POWER STATION ENTERPRISE AGREEMENT 2023
| Electrical Power industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 19 APRIL 2024 |
Application for approval of the Working at CleanCo Barron Gorge Power Station Enterprise Agreement 2023
Introduction
CleanCo Queensland Limited (the Employer) has made an application for approval of an enterprise agreement known as the Working at CleanCo Barron Gorge Power Station Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement 22 November 2022.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 19 March 2024.
Notice of Employee Representational Rights (NERR)
The NERR refers to the agreement as ‘Barron Gorge Power Station Enterprise Agreement 2023’ which is inconsistent with clause 1 of the Agreement which refers to the Agreement as ‘Working at CleanCo Barron Gorge Power Station Enterprise Agreement 2023’.
The Employer in its submissions clarified that the correct title of the Agreement is ‘Working at CleanCo Barron Gorge Power Station Enterprise Agreement 2023’. The employer explained that the NERR was drafted in November 2022 and during negotiations a decision was made to amend the title. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the change.
Section 190 Undertakings
The employer 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have 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 CEPU, APESMA and AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2024. The nominal expiry date of the Agreement is 31 March 2026.
DEPUTY PRESIDENT
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