CS Energy Ltd T/A CS Energy

[2022] FWCA 419

[2022] FWCA 419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CS Energy Ltd T/A CS Energy

(AG2021/8750)

Callide Power Station Enterprise Agreement 2021

Electrical power industry
COMMISSIONER MIRABELLA	MELBOURNE, 9 FEBRUARY 2022

Application for approval of the Callide Power Station Enterprise Agreement 2021.

1. CS Energy Ltd T/A CS Energy (the Employer) has made an application for approval of an enterprise agreement known as the Callide Power Station Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I observe that clause 6.1.2(a) is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry, Maritime, Mining and Energy Union; the Australian Municipal, Administrative, Clerical and Services Union; the Association of Professional Engineers, Scientists and Managers, Australia; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 they want the Agreement to cover them. In accordance with s. 201(2) (and based on the declarations provided by the organisations), I note that the Agreement covers the organisations.

1. The Agreement was approved on 9 February 2022 and, in accordance with s. 54, will operate from 16 February 2022. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

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Annexure A