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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Energy Safe Victoria applied for approval of the Enterprise Agreement 2020. The respondent union, United Voice, opposed the application. The dispute was heard in the Fair Work Commission. The union argued that the agreement was unfair as it included provisions that deviated from the safety provisions in the Occupational Health and Safety Act 2004, which were incorporated into the agreement by reference. The union argued that the agreement did not comply with section 236 of the Fair Work Act 2009 as it provided for the payment of compensation to employees who were injured at work to be less than the amount provided for in the Act.

The Commission found that the agreement did comply with section 236 of the Act. The Commission noted that the agreement incorporated by reference the safety provisions in the Occupational Health and Safety Act. The Commission also noted that the agreement contained provisions that were more generous than the Act, including the provision of compensation to employees who were injured at work. The Commission concluded that the agreement did not provide for the payment of compensation to employees who were injured at work to be less than the amount provided for in the Act.

The Commission approved the Enterprise Agreement 2020. The union's application for review was dismissed.

Energy Safe Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established