Powercor Australia Ltd and CitiPower Pty Ltd [2024] FWCA 2031 (3 June 2024)

Last Updated: 4 June 2024

[2024] FWCA 2031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement
Powercor Australia Ltd and CitiPower Pty Ltd

(AG2024/1662)

APPLICATION FOR APPROVAL OF THE POWERCOR AUSTRALIA LTD/CITIPOWER PTY LTD AND CEPU ENTERPRISE AGREEMENT 2023 - 2026

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2024

Application for approval of the Powercor Australia Ltd/CitiPower Pty Ltd and CEPU Enterprise Agreement 2023 - 2026

[1] An application has been made for approval of an enterprise agreement known as the Powercor Australia Ltd/CitiPower Pty Ltd and CEPU Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Powercor Australia Ltd and CitiPower Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employers have provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Notice of Employee Representational Rights (NERR) provided to employees listed the classifications of employees who would be covered by the Agreement however, clause 4(f) relating to coverage of the Agreement contained an additional classification which was not listed in the NERR. I raised this concern with the Employers, and they provided submissions to the effect that this was an oversight and there are two employees under this classification who are both represented by the Union. I am therefore satisfied that this constitutes a minor procedural or technical error which is unlikely to have disadvantaged employees pursuant to s.188(5) of the Act.

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

• Clause 30.1.6 – Public Holidays
• Clause 32.4 – Carer’s Leave
  

However, noting clause 7 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A