Diamantina Power Station Pty Ltd

[2019] FWCA 1804

[2019] FWCA 1804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamantina Power Station Pty Ltd
(AG2019/429)

APA DIAMANTINA POWER STATION ENTERPRISE AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2019

Application for approval of the APA Diamantina Power Station Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the APA Diamantina Power Station Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamantina Power Station Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] I note that Clauses 6, 18 19, 20 and Appendix 2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 18 March 2023.

DEPUTY PRESIDENT

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Annexure A