Siemens Gamesa Renewable Energy Pty Ltd
[2022] FWCA 3986
•14 NOVEMBER 2022
| [2022] FWCA 3986 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Siemens Gamesa Renewable Energy Pty Ltd
(AG2022/4507)
the Siemens Gamesa Renewable Energy Mt Mercer and Murra Warra Wind Farms Agreement 2022
| Electrical power industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 14 NOVEMBER 2022 |
Application for approval of the Siemens Gamesa Renewable Energy Mt Mercer and Murra Warra Wind Farms Agreement 2022
Siemens Gamesa Renewable Energy Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Siemens Gamesa Renewable Energy Mt Mercer and Murra Warra Wind Farms Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that clauses 37, 37.2, 40.2, 22.1 and 46.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However in light of the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 14 November 2022 and, in accordance with s 54, will operate from 21 November 2022. The nominal expiry date of the Agreement is 14 November 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518165 PR747902>
Annexure A
0
0
0