Regional Power Corporation T/A Horizon Power
[2022] FWCA 4508
•20 DECEMBER 2022
| [2022] FWCA 4508 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Regional Power Corporation T/A Horizon Power
(AG2022/5235)
Horizon Power & ASU Salaried Employees Enterprise Agreement 2022
| Electrical power industry | |
| DEPUTY PRESIDENT BEAUMONT | PERTH, 20 DECEMBER 2022 |
Application for approval of the Horizon Power & ASU Salaried Employees Enterprise Agreement 2022
Regional Power Corporation T/A Horizon Power (the Applicant) has made an application for the approval of an enterprise agreement known as the Horizon Power & ASU Salaried Employees Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
Clause 25.4(a) of the Agreement states that in the event of redundancy, an employee is not entitled to redundancy pay, termination pay, notice of termination or payment in lieu of notice where an adequate alternative role has been obtained or offered in prescribed circumstances. Although it appears that this clause, in part, is contrary to ss 117, 119 and 120 of the Act, I am satisfied that the issue is resolved by the inclusion of clause 4.4 of the Agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Australian Municipal, Administrative, Clerical and Services Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 20 December 2022 and, in accordance with s 54, will operate from 27 December 2022. The nominal expiry date of the Agreement is 31 August 2025.
DEPUTY PRESIDENT
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