Nepean Power Pty Ltd

[2019] FWCA 7596

[2019] FWCA 7596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nepean Power Pty Ltd
(AG2019/3905)

NEPEAN POWER WORKSHOP AND SITE SERVICES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 4 NOVEMBER 2019

Application for approval of the NEPEAN Power Workshop and Site Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NEPEAN Power Workshop and Site Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nepean Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 11 November 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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