Energy Safe Victoria

[2020] FWCA 6653

[2020] FWCA 6653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Energy Safe Victoria
(AG2020/3467)

ENERGY SAFE VICTORIA ENTERPRISE AGREEMENT 2020

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Energy Safe Victoria Enterprise Agreement 2020

[1] Energy Safe Victoria (ESV) has made an application for approval of the Energy Safe Victoria Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009(Cth) (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ Union, the Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), I note that the Agreement covers these organisations.

[4] I note that ESV has notified the Commission of a calculation error at clause 34.3.2 of the Agreement, and has lodged an application to vary the Agreement under s 217 of the Act to remove ambiguity or uncertainty in this connection.

[5] The Agreement was approved on 11 December 2020 and in accordance with s 54 it will operate from 18 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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