EnergyAustralia NSW Pty Ltd T/A EnergyAustralia NSW
[2023] FWCA 2118
•11 JULY 2023
| [2023] FWCA 2118 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
EnergyAustralia NSW Pty Ltd T/A EnergyAustralia NSW
(AG2023/2095)
ENERGYAUSTRALIA MOUNT PIPER ENTERPRISE AGREEMENT 2023
| Electrical power industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 11 JULY 2023 |
Application for approval of the EnergyAustralia Mount Piper Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the EnergyAustralia Mount Piper Enterprise Agreement 2023 (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 NSW. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made after 6 June 2023.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Community and Public Sector Union (CPSU), being the 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 1 December 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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