The Association of Professional Engineers, Scientists and Managers Australia v Energy Queensland Limited T/A Energy Queensland

[2022] FWC 2852

[2022] FWC 2852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739 - Application to deal with a dispute

The Association of Professional Engineers, Scientists and Managers Australia
v

Energy Queensland Limited T/A Energy Queensland

(C2021/4063)

DEPUTY PRESIDENT ASBURY BRISBANE, 24 OCTOBER 2022

Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)]

1. This Decision concerns an application made by the Association of Professional Engineers, Scientists and Managers Australia (APESMA) pursuant to s. 739 of the Fair Work Act 2009 for the Fair Work Commission (the Commission) to deal with a dispute under the dispute resolution procedure in the Energy Queensland Union Collective Agreement 2020 (the Agreement). The dispute is notified by APESMA on behalf of its member, Mr Anthony Wilkinson and relates to Mr Wilkinson’s classification level under the Agreement. The Respondent is Energy Queensland Limited T/A Energy Queensland (EQL), Mr Wilkinson’s employer.

1. The agreed question for determination and my answer to that question are as follows:

Question:

On the basis of the duties required to be performed by Mr Wilkinson, is Mr Wilkinson entitled to be classified as a Level 3 Professional and Managerial Employee or Level 4 Professional and Managerial Employee under the Agreement?

Answer:

Based on the duties required to be performed by Mr Wilkinson, Mr Wilkinson is entitled to be classified as a Level 3 Professional and Managerial Employee under the Agreement.

1. Reasons for Decision will be issued separately.

DEPUTY PRESIDENT

Appearances:

L Ablett for the Applicant.
JE Murdoch QC of Counsel instructed by MinterEllison for the Respondent.  

Hearing details:

2022.
Brisbane:
6 June, 20 July (via Microsoft Teams).

Final written submissions:

Applicant, 6 July 2022.
Respondent, 6 July 2022.

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