Essential Energy

[2025] FWCA 1130

[2025] FWCA 1130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Essential Energy

(AG2025/558)

ESSENTIAL ENERGY ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER P RYAN	SYDNEY, 2 APRIL 2025

Application for approval of the Essential Energy Enterprise Agreement 2024

1. Essential Energy (Employer) has made an application for approval of an enterprise agreement known as the Essential Energy Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representatives

1. The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Municipal, Administrative, Clerical and Services Union (ASU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Mining and Energy Union (MEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

1. In accordance with s.201(2), I note that the Agreement covers the APESMA, the ASU, the CEPU, and the MEU.

Approval

1. The Agreement is approved. Clause 1.5 of the Agreement states that the Agreement will commence operation from the first full pay period commencing 7 days after the date of approval by the Commission. The Employer advised that it operates a fortnightly pay period and the first full pay period to commence 7 days after the date of this decision commences on Monday 21 April 2025.

1. Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Sunday 20 April 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE528549  PR785783>