Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

[2020] FWCA 5538

[2020] FWCA 5538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland
(AG2020/2733)

WORKING AT POWERLINK 2020 UNION COLLECTIVE AGREEMENT

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 OCTOBER 2020

Application for approval of the Working at Powerlink 2020 Union Collective Agreement.

[1] The Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Working at Powerlink 2020 Union Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement. A copy of the undertakings are also attached in Annexure A to this decision.

[3] The Agreement does not contain a flexibility term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) 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, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia 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.

[5] I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 23 October 2020. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A