Energex Limited

[2014] FWCA 412

[2014] FWCA 412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Energex Limited
(AG2014/3338)

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 JANUARY 2014

Application for variation of the ENERGEX Union Collective Agreement 2011.

[1] An application has been made for approval of a variation to an enterprise agreement known as ENERGEX Union Collective Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Energex Limited; the employer covered by the Agreement.

[2] The application seeks to vary the Agreement in accordance with the variation schedule. The variation schedule is Attachment A to this decision.

[3] Declarations in relation to the application have been received from the Australian Municipal, Administrative, Clerical and Services Union (the ASU), the Queensland Services, Industrial Union of Employees (the QSU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU) and The Association of Professional Engineers, Scientists and Managers, Australia (APEMSA), each being an employee organisation covered by the Agreement and each being entitled to represent the industrial interests of employees covered by the Agreement.

[4] I note that the CEPU did not declare that they agreed with the information provided in the employer’s declaration in support of the approval of the variation. The CEPU noted however that the matters raised were not able to be substantiated to a sufficient degree such that the approval of the variation by employees was materially affected. The CEPU was notified by way of listing on 15 January 2014 that the Commission intended to deal with the application on 16 January 2014 by an e-Hearing. That notice of listing contained a notice that if no request to be heard in relation to the application was received the matter would be determined on the basis of the materials lodged. No such request was received.

[5] No other employee organisation raised a matter for consideration of the Commission in relation to the application for approval of the variation.

[6] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[7] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate from the date of this decision.

[8] A consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

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Attachment A - Variation Schedule