EnergyAustralia Yallourn Pty Ltd

[2023] FWCA 2474

[2023] FWCA 2474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EnergyAustralia Yallourn Pty Ltd

(AG2023/2554)

ENERGYAUSTRALIA YALLOURN ENTERPRISE AGREEMENT 2023

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 9 AUGUST 2023

Application for approval of the EnergyAustralia Yallourn Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the EnergyAustralia Yallourn 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 Yallourn Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

1. I observe that clause 7.2.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry, Mining and Energy Union (CFMEU), Australian Services Union (ASU), Australian Workers’ Union (AWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

1. The Agreement was approved on 9 August 2023 and, in accordance with s 54, will operate from 16 August 2023. The nominal expiry date of the Agreement is 1 February 2026.

COMMISSIONER

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