Ergon Energy Corporation Ltd

[2015] FWCA 4101

[2015] FWCA 4101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ergon Energy Corporation Ltd
(AG2015/2915)

ERGON ENERGY UNION COLLECTIVE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 JUNE 2015

Application for approval of the Ergon Energy Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ergon Energy Union Collective Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ergon Energy Corporation Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The following employee organisations, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them:

• The Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia);



• Australian Municipal, Administrative, Clerical and Services Union; and



• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia;



• Construction, Forestry, Mining and Energy Union; and



• “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[3] In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Applicant has sought that the Commission exercise its power pursuant to s.586 of the Act to amend the Agreement to correct what it identified as a “minor administrative error” in the drafting of a Schedule to the Agreement. The administrative error was said to have resulted in incorrect, and lower, rates appearing in Schedule 1.

[5] Upon my instructions, my Associate corresponded with the parties to advise that my preliminary view was that the amendment should be approved subject to any party seeking to be heard in relation to the application or otherwise objecting to the amendment. Attached to this correspondence was the written request regarding the amendment from the Applicant’s representative and what I understand is the corrected version of the Agreement. No party sought to be heard or otherwise objected to the corrective amendment being sought.

[6] Pursuant to s.586 of the Act, the Agreement is amended as follows:

● Page 98 of the Agreement is amended by deleting the table titled “10 Day Fortnight – 13% Loading – Salary Point 11.0 and Above” and inserting the corrected table with the same title. The copy of the Agreement attached to this Decision is the correct and amended version of the Agreement.

[7] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement, as corrected, is approved and, in accordance with s.54, will operate from 25 June 2015. The nominal expiry date of the Agreement is 1 March 2018.

DEPUTY PRESIDENT

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