EDL Group Operations Pty Ltd

[2019] FWCA 1140

[2019] FWCA 1140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDL Group Operations Pty Ltd
(AG2018/5696)

EDL GROUP OPERATIONS PTY LTD – AWU AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the EDL Group Operations Pty Ltd - AWU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the EDL Group Operations Pty Ltd - AWU 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 EDL Group Operations 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 28.12.3 and 28.4.3 of the Agreement are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 1 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A