Powercor Australia Ltd

[2025] FWCA 2886

[2025] FWCA 2886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Powercor Australia Ltd

(AG2025/2731)

POWERCOR AUSTRALIA LTD/CITIPOWER PTY LTD & ASU, PA, UWU ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER SLOAN	SYDNEY, 8 SEPTEMBER 2025

Application for approval of the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2025

1. Powercor Australia Ltd has applied for approval of a single enterprise agreement known as the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).

2. The Employer has provided a written undertaking, which is attached in Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the bargaining representatives in respect of the undertaking. Pursuant to section 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.

3. Clause 29.1.9.1 of the Agreement provides that substitution of public holidays is only possible by agreement between the employer and a “majority of affected employees”. However, section 115(3) of the Act allows for an enterprise agreement to include terms providing for “an employer and employee” (noting the use of the singular) to agree on the substitution of public holidays. That said, clause 7 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that clause 29.1.9.1 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.

4. Having regard to the undertaking and the material in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

5. The Association of Professional Engineers, Scientists & Managers Australia (“APESMA”), the Australian Municipal, Administrative, Clerical and Services Union (“ASU”), and the United Workers Union (“UWU”) were bargaining representatives for the Agreement. They each support approval of the Agreement. Each union has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the APESMA, the ASU and the UWU.

6. The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 15 September 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

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Annexure A