Energy Queensland Limited T/A Ergon Energy Queensland Retail
[2024] FWCA 2453
•2 JULY 2024
| [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
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Annexure A
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