Red Energy Pty Limited
[2024] FWCA 1087
•27 MARCH 2024
| [2024] FWCA 1087 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Red Energy Pty Limited
(AG2023/4746)
RED ENERGY PTY LTD ENTERPRISE AGREEMENT 2023
| Electrical power industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 27 MARCH 2024 |
Application for approval of the Red Energy Pty Ltd Enterprise Agreement 2023
Red Energy Pty Limited applied under s 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise agreement known as the Red Energy Pty Ltd Enterprise Agreement 2023 (Agreement). In a decision published on 8 March 2024,[1] I decided that apart from concerns identified in [40]-[41], [46] and [47] of that decision, I was otherwise satisfied that each remaining requirement of ss 186, 187 and 188 of the Act as are relevant to this application for approval of the Agreement have been met and I allowed the applicant to file any undertakings within 14 days of the date of this decision to address the concerns.[2]
The applicant has provided written undertakings, a copy of which is attached in Annexure A. 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. I am satisfied that bargaining representatives have been consulted about the applicant’s undertakings. I accept the undertakings and they are taken to be a term of the Agreement.
Clause 7.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Municipal, Administrative, Clerical and 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 April 2024. The nominal expiry date of the Agreement is 27 March 2028.
DEPUTY PRESIDENT
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Annexure A
[1] Application by Red Energy Pty Limited [2024] FWC 627
[2] Ibid at [49]
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