EnergyAustralia Yallourn Pty Ltd

[2018] FWCA 1997

[2018] FWCA 1997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Yallourn Pty Ltd
(AG2017/6742)

ENERGYAUSTRALIA YALLOURN ENTERPRISE AGREEMENT 2017

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2018

Application for approval of the EnergyAustralia Yallourn Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Yallourn Enterprise Agreement 2017 (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 agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Australian Municipal, Administrative, Clerical and Services Union & “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 6 April 2018 and, in accordance with s.54, will operate from 13 April 2018. The nominal expiry date of the Agreement is 28 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE427914  PR601791>

Annexure A