Utilities Management Pty Ltd T/A SA Power Networks
[2024] FWCA 479
•6 FEBRUARY 2024
| [2024] FWCA 479 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Utilities Management Pty Ltd T/A SA Power Networks
(AG2023/5551)
UTILITIES MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2024
| Electrical power industry | |
| COMMISSIONER PLATT | ADELAIDE, 6 FEBRUARY 2024 |
Application for approval of the Utilities Management Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Utilities Management Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Utilities Management Pty Ltd T/A SA Power Networks (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 17 January 2024.
On 17 January 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.
There is one National Employment Standard (NES) issue that requires comment:
· Clause 2.11 of the Agreement covers Abandonment of Employment, however, does not state that employees deemed to have abandoned their employment are entitled to notice of termination. This appears inconsistent with s.117 of the Act.
Clause 8.1 of Attachment 2 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clause will not apply to the extent it is inconsistent with the NES.
The Applicant has submitted an undertaking in the required form dated 29 January 2024, a copy of which is attached to the Agreement. The undertaking provides a definition of ‘shiftworker’ consistent with the Electrical Power Industry Award 2020 and ensures the BOOT is met with respect to rates of pay (including test time), span of hours and overtime.
A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The APESMA, CEPU and ASU supported the undertaking.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The Association of Professional Engineers, Scientists and Managers, Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Australian 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.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2025.
COMMISSIONER
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