Electricity Generation And Retail Corporation T/A Synergy

[2024] FWCA 4103

[2024] FWCA 4103

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

(AG2024/3802)

SYNERGY PERTH ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER CONNOLLY	MELBOURNE, 25 NOVEMBER 2024

Application for approval of the Synergy Perth Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Synergy Perth Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electricity Generation And Retail Corporation T/A Synergy (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 21 October 2024.

1. The notification time for the Agreement under s.173(2) was 8 March 2024 and the Agreement was made on 13 September 2024.  Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

1. On 24 October 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. The Applicant has provided written undertakings, dated 4 November 2024, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

1. 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, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. With regard to the Overtime and Public Holidays (Minimum Engagement) issues, should roster patterns and reasonable foreseeability circumstances change, the parties may make an application to the Commission for reconsideration of the BOOT pursuant to s.227A of the Act.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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