Cleanco Queensland Limited
[2024] FWCA 1259
•9 APRIL 2024
| [2024] FWCA 1259 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cleanco Queensland Limited
(AG2024/740)
WORKING AT CLEANCO WIVENHOE POWER STATION ENTERPRISE AGREEMENT 2023
| Electrical power industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 9 APRIL 2024 |
Application for approval of the Working at CleanCo Wivenhoe Power Station Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Working at CleanCo Wivenhoe Power Station Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Cleanco Queensland Limited. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 12 August 2021 and the Agreement was made on 4 March 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Australian Institute of Marine and Power Engineers (AIMPE), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), Australian Municipal, Administrative, Clerical and Services Union (ASU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Mining and Energy Union (MEU), 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.
The Agreement was approved on 9 April 2024 and, in accordance with s.54 of the Act, will operate from 16 April 2024. The nominal expiry date of the Agreement is 31 March 2026.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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