Synergen Power Pty Ltd

[2014] FWCA 5192

[2014] FWCA 5192

The attached document replaces the document previously issued with the above code on 31 July 2014.

There was a typographical error in the agreement title.

Sarah Laube

Associate to Deputy President Bartel

Dated 8 August 2014

[2014] FWCA 5192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Synergen Power Pty Ltd
(AG2014/1810)


SYNERGEN POWER PTY LTD ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 31 JULY 2014

Application for approval of the Synergen Power Pty Ltd Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Synergen Power Pty Ltd Enterprise Agreement 2014 (the Agreement) has been made by Synergen Power Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] On 21 July 2014 I issued a Statement of Preliminary Findings to the parties to the Agreement, identifying concerns in relation to three clauses in the Agreement. As a result of those concerns, the employer has provided undertakings that:

● The parties bound clause (Clause 1), to the extent that it purports to enable employees to ‘opt out’ of the Agreement, will not be applied; and

● Clause 24.4, allowing an employee and the employer to enter into an agreement in relation to “informal flexible working arrangements” outside of the flexibility term of the Agreement, will not be applied.

[3] The undertakings meet the expressed concerns and otherwise meet the requirements of s.190 of the Act. The bargaining representatives for the Agreement (see below) consent to the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings will be taken to be terms of the Agreement. They will be appended to the Agreement as Schedule A.

[4] The Statement of Preliminary Findings also expressed the view that the Consultation Term of the Agreement did not meet the statutory requirements in relation to the employer’s obligation to consult on changes to employees’ regular rosters or ordinary hours of work. 1 The parties accepted this view and in accordance with s.205(2) of the Act the Model Consultation Term will apply.

[5] 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.

[6] The Australian Services Union SA & NT Branch (the ASU),the Australian Manufacturing Workers Union (the AMWU)and the Association of Professional Engineers Scientists & Managers Australia (APESMA), being bargaining representatives for the Agreement, have each given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the ASU, the AMWU and APESMA.

[7] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 7 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

 1   Sections 205(1)(a) and (1A) of the Act

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