Energy Queensland Limited T/A Ergon Energy Queensland Retail

[2024] FWCA 2453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Energy Queensland Limited T/A Ergon Energy Queensland Retail

(AG2024/2191)

ENERGY QUEENSLAND RETAIL UNION COLLECTIVE AGREEMENT 2024

Electrical power industry
COMMISSIONER TRAN	MELBOURNE, 2 JULY 2024

Application for approval of the Energy Queensland Retail Union Collective Agreement 2024

Energy Queensland Limited T/A Ergon Energy Queensland Retail has applied for approval of an enterprise agreement known as the Energy Queensland Retail Union Collective Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

I note that Clause 10.5 is inconsistent with the National Employment Standards as it does not provide for circumstances relating to stillbirth or miscarriage as required by s 104(1)(c). I am satisfied that this concern is addressed by the Employer’s undertaking.

The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, gave 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 is approved and, in accordance with s 54 of the Act, will operate from 9 July 2024.

In accordance with Clause 1.3, the nominal expiry date of the Agreement is 29 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Energy Queensland Limited, trading as Ergon Energy Queensland Retail, applied for approval of the Energy Queensland Retail Union Collective Agreement 2024. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the union members, including wages, hours of work, and other employment-related matters. The legal issues centred on whether the agreement complied with the statutory requirements of the Fair Work Act and whether it was in the best interests of the employees.

The Commission examined the agreement to ensure it adhered to the provisions of the Fair Work Act, including provisions relating to the minimum terms and conditions of employment, and the need for the agreement to be in the best interests of the employees. The Commission also considered submissions from both parties, including evidence and arguments regarding the fairness and appropriateness of the terms in the agreement. The Commission concluded that the agreement was compliant with the statutory requirements and was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

Accordingly, the Commission approved the Energy Queensland Retail Union Collective Agreement 2024. The decision confirmed the validity of the agreement, which would now apply to the union members. The approval ensures that the agreement will be recognised and enforced as a binding contract between the employer and the union members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established