Electricity Generation and Retail Corporation T/A Synergy

[2016] FWCA 6038

[2016] FWCA 6038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Electricity Generation and Retail Corporation T/A Synergy
(AG2016/4208)

SYNERGY SITES ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT BINET	PERTH, 31 AUGUST 2016

Application for approval of the Synergy Sites Enterprise Agreement 2015.

[1] An application (Application) has been made for approval of an enterprise agreement known as the Synergy Sites Enterprise Agreement 2015 (Agreement). The Application was made pursuant to section 185 of the Fair Work Act 2009 (FW Act) by Electricity Generation and Retail Corporation T/A Synergy (Synergy).

[2] The Agreement is a single enterprise agreement.

[3] The Application was accompanied by two statutory declarations in support of the Application by:

(a) Mr Peter Naim, Manager HR Operations, Synergy; and

(b) Mr Ayen Nyariel, Industrial Officer, Australian Municipal Administrative, Clerical and Services Union (ASU).

[4] Synergy has provided written undertakings (Undertakings) which address the concerns which I had in relation to the Better Off Overall Test. A copy of the Undertakings is attached at 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.

[5] Subject to the Undertakings referred to above, and on the basis of the material contained in the Application and accompanying statutory declarations, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this Application for approval have been met.

[6] The ASU, being a bargaining representative for the Agreement, has given notice under section 183 of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 3 August 2016. The nominal expiry date of the Agreement is 31 July 2019. In accordance with section 54 of the FW Act, the Agreement shall commence operation on 7 September 2016.

DEPUTY PRESIDENT

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Annexure A