Energex Limited

[2015] FWCA 3759

[2015] FWCA 3759

FAIR WORK COMMISSION

DECISION

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

Energex Limited
(AG2015/1167)

ENERGEX UNION COLLECTIVE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 JUNE 2015

Application for approval of the Energex Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Energex Union Collective Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Energex Limited. The agreement is a single enterprise agreement.

[2] The following employee organisations, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them:

• “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);



• The Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia);



• Australian Municipal, Administrative, Clerical and Services Union; and



• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[3] In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] On 2 June 2015 an undertaking was provided by the Employer in relation to clause 3.5.2 of the Agreement. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[5] The Applicant has notified the Commission that the Agreement contains a typographical error.  The Applicant filed with the Commission a copy of the proposed Agreement upon which Employees voted, the corrected copy of the Agreement and a letter requesting that the Commission exercise its powers pursuant to s.586 of the Act to correct the application for approval.

[6] Upon receipt of the undertakings from the Applicant, my Associate corresponded with the employee organisations that were named as a bargaining representative in relation to the Agreement. That correspondence requested each Union to advise its view in relation to the undertaking and the proposed corrections. A copy of the corrected Agreement was attached to the correspondence and confirmation was requested that this was the correct version of the Agreement. Each Union party responded consenting to both matters.

[7] Pursuant to s.586 of the Act, the Agreement is corrected as follows:

● Delete the title “Technical Servicepersons engaged as Field Construction Officers (FCOs), Supervisors and Paraprofessionals” on page 81 and insert “Technical Servicepersons engaged as Field Construction Officers (FCOs), Supervisors, Paraprofessionals and System Operators”; and

● Delete the first dot point on pages 81 and 83 and insert “10 day fortnight rates - Salary Points 0.0 to 10.3 include the 15.5% loading”.

[8] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[9] The Agreement, as corrected, is approved and, in accordance with s.54, will operate from 12 June 2015. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code Y, AE414187  PR568006>