Stanwell Corporation Limited

[2019] FWCA 8301

[2019] FWCA 8301

FAIR WORK COMMISSION

DECISION

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

Stanwell Corporation Limited
(AG2019/3818)

STANWELL POWER STATION ENTERPRISE AGREEMENT

Electrical power industry
COMMISSIONER SIMPSON	BRISBANE, 12 DECEMBER 2019

Application for approval of the Stanwell Power Station Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Stanwell Power Station Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byStanwell Corporation Limited.

[2] The Agreement is a single enterprise agreement.

[3] Mr Neil Henderson, Branch Secretary for the Australian Municipal, Administrative, Clerical and Services Union (ASU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the ASU wants the Agreement to cover it.

[4] Mr Keith McKenzie, Deputy Divisional Branch Secretary for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[5] Mr Brian Devlin, Assistant State Secretary for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[6] Mr Adam Kerslake, Queensland Branch Director for The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that APESMA wants the Agreement to cover it.

[7] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[8] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[9] In accordance with s.201(2) of the Act, I note the Agreement covers the ASU, CEPU, AMWU and APESMA.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Appendix A.