NRG Gladstone Operating Services Pty Ltd

Case

[2022] FWCA 1943

21 JUNE 2022


[2022] FWCA 1943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NRG Gladstone Operating Services Pty Ltd

(AG2022/1534)

NRG Gladstone Operating Services Pty Ltd (NRGGOS) Enterprise Agreement 2022 - 2024

Electrical power industry

COMMISSIONER SIMPSON

BRISBANE, 21 JUNE 2022

Application for approval of the NRG Gladstone Operating Services Pty Ltd (NRGGOS) Enterprise Agreement 2022- 2024

  1. An application has been made for approval of an enterprise agreement known as the NRG Gladstone Operating Services Pty Ltd (NRGGOS) Enterprise Agreement 2022- 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NRG Gladstone Operating Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, Clerical and Services Union (ASU), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) all lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.



COMMISSIONER

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