Electricity Networks Corporation T/A Western Power
[2023] FWCA 1691
•14 JUNE 2023
| [2023] FWCA 1691 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Electricity Networks Corporation T/A Western Power
(AG2023/1500)
WESTERN POWER AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2022
| Electrical power industry | |
| COMMISSIONER HARPER-GREENWELL | MELBOURNE, 14 JUNE 2023 |
Application for approval of the Western Power and Australian Services Union Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Western Power and Australian Services Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electricity Networks Corporation T/A Western Power. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clauses 22.5, 23(a) and 25(c)(ii) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and Services 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.
The Agreement was approved on 14 June 2023 and, in accordance with s.54, will operate from 21 June 2023. The nominal expiry date of the Agreement is 22 August 2024.
COMMISSIONER
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