Epic Energy South Australia Pty Ltd
[2023] FWCA 2285
•26 JULY 2023
| [2023] FWCA 2285 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Epic Energy South Australia Pty Ltd
(AG2023/2367)
EPIC ENERGY SA (EESA) ENTERPRISE AGREEMENT 2023 TO 2026
| Oil and gas industry | |
| COMMISSIONER PLATT | ADELAIDE, 26 JULY 2023 |
Application for approval of the Epic Energy SA (EESA) Enterprise Agreement 2023 to 2026
An application has been made for approval of an enterprise agreement known as the Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022[1] (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Epic Energy South Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 21 July 2023.
There are two National Employment Standards (NES) issues that require comment:
· Clause 34 appears to require employees to work on public holidays, however, does not state the request must be reasonable, as per s.114(2) of the Act.
· Clause 42 states the period of notice shall not apply in the case of summary dismissal including neglect of duty or misconduct and malingering. However, this appears to go further than the conduct contemplated by s.123 of the Act.
Clause 1 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clauses will not apply to the extent they are inconsistent with the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – SA Branch Electrical & Plumbing Division, 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.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
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 31 December 2026.
COMMISSIONER
[1] I note that the Agreement is titled as the ‘Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022’ despite the fact it will operate in 2023-2026.
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