Pelican Point Power Limited

[2021] FWCA 4004

[2021] FWCA 4004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pelican Point Power Limited
(AG2021/5939)

PELICAN POINT POWER LIMITED OPERATIONS MAINTENANCE ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 8 JULY 2021

Application for approval of the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2021 (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.

[2] The matter was allocated to my Chambers on 6 July 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 8 July 2021. The undertaking deals with the following topics:

•  The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

•  Clause 26 (Annual Leave) and Clause 30 (Personal Leave) will be read in conjunction with the NES and where there is an inconsistency between them and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

[4] 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 bargaining representatives that responded supported the undertaking.

[5] 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.

[6] The “Australian Municipal, Administrative, Clerical and Services Union” (ASU) and the “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” (CEPU), being bargaining representatives for the Agreement, have given 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.

[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 31 December 2024.

COMMISSIONER

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