EnergyAustralia Hallett Pty Ltd

[2024] FWCA 3782

[2024] FWCA 3782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EnergyAustralia Hallett Pty Ltd

(AG2024/3769)

ENERGYAUSTRALIA HALLETT ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 30 OCTOBER 2024

Application for approval of the EnergyAustralia Hallett Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the EnergyAustralia Hallett Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EnergyAustralia Hallett Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.  

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given 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.

1. The Agreement is approved and in accordance with s.54, will operate from 6 November 2024. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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