Tasmanian Networks Pty Ltd T/A TasNetworks

[2020] FWCA 3071

[2020] FWCA 3071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Networks Pty Ltd T/A TasNetworks
(AG2020/1318)

TASNETWORKS ENTERPRISE AGREEMENT 2020 - 2024

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 11 JUNE 2020

Application for approval of the TasNetworks Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the TasNetworks Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Networks Pty Ltd T/A TasNetworks. 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] The Applicant sought to make a number of minor corrections to the Agreement. I am satisfied that the corrections are minor grammatical changes that should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Australian Municipal, Administrative, Clerical and Services Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Professionals Australia being a 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) I note that the Agreement covers these organisations.

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

•  Clause 33.6 – Will Redundancy Employees be transferred to alternative positions?

However, noting clause 3 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2020. The nominal expiry date of the Agreement is 10 June 2024.

COMMISSIONER

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