Pelican Point Power Limited

[2024] FWCA 3330

[2024] FWCA 3330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pelican Point Power Limited

(AG2024/3266)

PELICAN POINT POWER LIMITED OPERATIONS MAINTENANCE ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 24 SEPTEMBER 2024

Application for approval of the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pelican Point Power Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 12 September 2024.

1. On 13 September 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 20 September 2024. The undertaking deals with the following topics:

·  Despite Clause 27.1, the Applicant relies on the NES insofar as employees receive annual leave in accordance with s.87 of the Act.

·  A casual employee will receive the rate of pay set out in the Electrical Power Industry Award 2020, as amended (instead of their usual base rate of pay) for ordinary hours worked on a Sunday or public holiday.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The Australian Services Union supported the undertaking.

1. 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.

2. The Australian Services Union, 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.58(2) of the Act, will operate from 1 January 2025. The nominal expiry date is 24 September 2028.

COMMISSIONER

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