EnergyAustralia NSW Pty Ltd T/A EnergyAustralia

[2019] FWCA 1437

[2019] FWCA 1437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia NSW Pty Ltd T/A EnergyAustralia
(AG2019/146)

ENERGYAUSTRALIA NSW (MOUNT PIPER OPERATIONS) 2019 EMPLOYEES’ ENTERPRISE AGREEMENT

Electrical power industry
COMMISSIONER BISSETT	MELBOURNE, 6 MARCH 2019

Application for approval of the EnergyAustralia NSW (Mount Piper Operations) 2019 Employees' Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia NSW (Mount Piper Operations) 2019 Employees’ Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EnergyAustralia NSW Pty Ltd T/A EnergyAustralia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[5] The Australian Institute of Marine and Power Engineers, the Association of Professional Engineers, Scientists and Managers, Australia, the Community and Public Sector Union, the Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Maritime, Mining and Energy Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

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Annexure A