EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia

[2022] FWCA 395

[2022] FWCA 395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia
(AG2022/22)

ENERGYAUSTRALIA TALLAWARRA ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 FEBRUARY 2022

Application for approval of the EnergyAustralia Tallawarra Enterprise Agreement 2021

[1] Application by EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia (the Applicant) has made an application for approval of an enterprise agreement known as the EnergyAustralia Tallawarra Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 February 2022.

[3] On 4 February 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

● Chambers sought lodgement of voting notification and agreement materials to ensure that agreement pre-approval requirements had been satisfied. These were provided by the employer.

● Clause 19.7 regarding termination may be inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 5 of the Agreement is deemed to resolve this NES concern.

[4] 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) of the Act I note that the Agreement covers this organisation.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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