EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia

[2019] FWCA 5296

[2019] FWCA 5296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia
(AG2019/2364)

ENERGYAUSTRALIA HALLETT ENTERPRISE AGREEMENT 2019

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 30 JULY 2019

Application for approval of the EnergyAustralia Hallett Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Hallett Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 July 2019.

[3] On 25 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 July 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  All hours worked outside the ordinary span of hours attract an overtime rate.

•  The Applicant is obliged to provide all relevant information regarding a major workplace change to affected employees.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 29 July 2023.

COMMISSIONER

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