Sunset Power International Pty Ltd T/A Delta Electricity

[2019] FWCA 1244

[2019] FWCA 1244

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunset Power International Pty Ltd T/A Delta Electricity
(AG2018/6348)

DELTA ELECTRICITY EMPLOYEES’ ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 FEBRUARY 2019

Application for approval of the Delta Electricity Employees’ Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Delta Electricity Employees’ Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sunset Power International Pty Ltd T/A Delta Electricity. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Association of Professional Engineers, Scientists and Managers Australia, the Community and Public Sector Union, the Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A