Cs Energy T/A Cs Energy Ltd

Case

[2024] FWCA 3517

4 OCTOBER 2024


[2024] FWCA 3517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cs Energy T/A Cs Energy Ltd

(AG2024/3108)

CS ENERGY LTD PROFESSIONAL, MARKET AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Electrical power industry

COMMISSIONER DURHAM

BRISBANE, 4 OCTOBER 2024

Application for approval of the CS Energy Ltd Professional, Market and Support Services Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the CS Energy Ltd Professional, Market and Support Services Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cs Energy T/A Cs Energy Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. I note the undertakings were provided in relation to the following:

  • shiftworker definition – clause 6.3(a)

  • delegates’ rights term – clause 7.13

  • trainees and apprentices

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Association of Professional Engineers, Scientists and Managers Australia (APESMA), Australian Municipal, Administrative, Clerical and Services Union (The Services Union) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the APESMA, the Services Union and ETU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 May 2026.




COMMISSIONER

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