Energy Queensland Limited T/A Ergon Energy Queensland Retail

[2017] FWCA 6760

[2017] FWCA 6760

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Energy Queensland Limited T/A Ergon Energy Queensland Retail

(AG2017/5404)

Energy Queensland Union Collective Agreement 2017

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 DECEMBER 2017

Application for approval of the Energy Queensland Union Collective Agreement 2017.

1. Energy Queensland Limited T/A Ergon Energy Queensland Retail applies for approval of an enterprise agreement known as the Energy Queensland Union Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); the Association of Professional Engineers, Scientists and Managers, Australia (APESMA); the Australian Municipal, Administrative, Clerical and Services Union (ASU); and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. On 11 December 2017 undertakings were provided by the Employer. The views of the bargaining representatives have been sought in relation to the undertakings. 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 undertakings is attached to the Agreement and forms part of the Agreement.

1. The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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.

1. The Agreement is approved in accordance with s.54 of the Act and will operate from 25 December 2017. The nominal expiry date of the Agreement is 1 March 2021.

DEPUTY PRESIDENT

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