Snowy Hydro Limited

[2019] FWCA 921

[2019] FWCA 921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowy Hydro Limited
(AG2018/7325)

SNOWY HYDRO LIMITED GAS OPERATIONS AND MAINTENANCE (COLONGRA) ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Snowy Hydro Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20 - Annual Leave - annual leave is expressed as 150 hours which may be inconsistent with the 4 weeks provided by the NES.

However, noting clause 6 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 30 December 2022.

COMMISSIONER

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