EnergyAustralia Services Pty Ltd
[2024] FWCA 2814
•31 JULY 2024
| [2024] FWCA 2814 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
EnergyAustralia Services Pty Ltd
(AG2024/2556)
ENERGYAUSTRALIA CUSTOMER ENTERPRISE AGREEMENT 2024
| Electrical power industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 31 JULY 2024 |
Application for approval of the EnergyAustralia Customer Enterprise Agreement 2024.
EnergyAustralia Services Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the EnergyAustralia Customer Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement. The Agreement covers two employers, being EnergyAustralia Services Pty Ltd and EnergyAustralia Geelong Pty Ltd.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 29 February 2024 and the Agreement was made on 27 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Correspondence was sent to the parties by my chambers on 19 July 2024 raising the concern that the Agreement is silent in relation to shiftwork arrangements, and that rates of pay are not high enough to compensate Level 1 and 3 employees if they are required to work permanent night shift as defined by the Electrical Power Industry Award 2020. The Applicant responded that same day advising that the employees covered by the Agreement do not work permanent night shift, and nor have they ever worked permanent night shift. The Applicant further submitted they do not intend for employees to work permanent night shift under this Agreement. I am consequently satisfied that as per s.193A(6A) of the FW Act, permanent night shift is not a pattern of work that is reasonably foreseeable for the purposes of s.193A(6) of the FW Act and the better off overall test.
I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 31 July 2024 and, in accordance with s.54, will operate from 7 August 2024. The nominal expiry date of the Agreement is 31 March 2027.
COMMISSIONER
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