Meridian Energy Australia Pty Ltd T/A Meridian Energy

[2020] FWCA 6649

[2020] FWCA 6649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meridian Energy Australia Pty Ltd T/A Meridian Energy
(AG2020/3581)

MERIDIAN ENERGY AUSTRALIA MT MILLAR ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 10 DECEMBER 2020

Application for approval of the Meridian Energy Australia Mt Millar Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Meridian Energy Australia Mt Millar Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Meridian Energy Australia Pty Ltd T/A Meridian Energy (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 December 2020.

[3] On 10 December 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 10 December 2020. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES) and means an employee who works a roster and who, over the roster cycle, may be rostered to work ordinary time shifts on any of the 7 days of the week and who is regularly rostered to work on Sundays and public holidays. A shift worker will be entitled to five weeks of annual leave for each completed year of continuous service (pro rata for part-time employees).

•  Employees classified as a Service Employee Grade 1 or Service Employee Grade 2 will be paid the minimum rates of pay under the Award when they perform afternoon shift, night shift and permanent night shifts.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] 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 16 December 2023.

COMMISSIONER

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