[2014] FWCA 3892
The attached document replaces the document previously issued with the above code on 12
June 2014.
The full name of the agreement is inserted into the preamble and in paragraph [1]. The word
“Enterprise” was previously omitted.
Abbygayle Lang
Associate to Deputy President Gostencnik
Dated 19 June 2014.
1
Fair Work Act 2009
s.185—Enterprise agreement
Jemena Asset Management Pty Ltd
(AG2014/5905)
JEMENA ASSET MANAGEMENT - ETU VICTORIAN ELECTRICITY
ENTERPRISE AGREEMENT 2013
Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 12 JUNE 2014
Application for approval of the Jemena Asset Management - ETU Victorian Electricity
Enterprise Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the
Jemena Asset Management - ETU Victorian Electricity Enterprise Agreement 2013 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
It has been made by Jemena Asset Management Pty Ltd. The agreement is a single enterprise
agreement.
[2] The Applicant has 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.
[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 notice of employee representational rights issued by the Applicant to employees
of Jemena Asset Management Pty Ltd did not strictly comply with the prescribed form as
required under s. 174 of the Act. This is because it referred to “Fair Work Australia” instead
of “Fair Work Commission”. It is obvious that the Applicant had used the form approved
prior to 1 January 2013. I am however satisfied that s. 25B of the Acts Interpretation Act 1901
applies to the notice with the consequence that reference to “Fair Work Australia” is taken to
be of reference to “Fair Work Commission”. The provisions of s. 174 do not express a
contrary intention which would have the result that s. 25B not apply. In the circumstances I
am also satisfied the issuing of the notice in the form pre-2013 did not have any effect on the
employee’s rights to appoint a bargaining representative.
[2014] FWCA 3892
DECISION
E AUSTRALIA FairWork Commission
[2014] FWCA 3892
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[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair
Work Regulations 2009 is taken to be a term of the Agreement.
[6] 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.
[7] The Agreement was approved on 12 June 2014 and, in accordance with s.54, will
operate from 19 June 2014. The nominal expiry date of the Agreement is 31 August 2016.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
Price code G, AE408576 PR551947
SEAL OF THE NETWORK WORK COMMISSION
[2014] FWCA 3892
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Annexure A
Jemena Jemena Asset Management Pty Ltd ABN 53 086 013 461 34 King William Street Broadmeadows VIC 3047 GPO Box 2982 Fair Work Commission Melbourne VIC 3001 Deputy President Gostencnik T +61 3 8544 9000 11 Exhibition St, F +61 3 8544 9888 Melbourne Victoria 3000 www.jemena.com.au Re: Undertaking to amend the Jemena Asset Management - ETU Victorian Electricity Agreement 2013 FWC Matter Number: AG2014/5905 Shift work - An Undertaking is provided to address the requirements of s. 196 of the Fair Work Act (2009). A shift worker for the purpose of the National Employment Standards as described in the Electrical Power Industry Award 2010, is also a shift worker for that purpose under the Jemena Asset Management - ETU Victorian Electricity Agreement 2013 · Dispute Settling Procedure - An undertaking is provided to expressly address the requirements of s. 186(6)(b) of the Fair Work Act 2009. An employee has the right to elect to have representation at each stage of the disputes settling procedure Consultation Clause - The following is an undertaking on the insertion of the model consultation clause in the Jemena Asset Management - ETU Victorian Electricity Enterprise Agreement 2013. Jemena Asset Management (the Company) agrees to the model consultation clause (the model clause) in the Fair Work Regulations 2012 being inserted into the Jemena Asset Management - ETU Victorian Electricity Enterprise Agreement 2013. The Company agrees to this course of action in full awareness that clause 4.3 of the Agreement has as its scope the same subject matter as is dealt with by the model clause. To avoid confusion over the interaction of the two clauses the Company undertakes that the terms of the model clause are subservient to all terms of clause 4.3. In particular the requirement in clause 4.3.3 for agreement to be reached on the introduction of change is in no way diminished by the insertion of the model clause.
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. SIGNATORIES Jemena Asset Management Pty Ltd Signature: Name: JOHN VAN WEEL Address: 321 FERNTREE GULLY ROAD MT WAVERLEY, 3149 Authority to sign the agreement: EXECUTIVE GENERAL MANAGER WORKS DELIVERY Date: 10 JUNE 2014 . Witness (signature and name) Melinda Chin 10. June-2014 The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (ETU) for and on behalf of the Employees covered by this agreement Signature: Name: TROY GRAY Address: LEVEL 1, 200 ARDEN ST. NORTH MELBOURNE VIC 3051 Authority to sign the agreement: The CEPU (ETU) was the nominated bargaining representative for its members STATE SECRETARY . Date: 11 JUNE 2014 Witness (signature and name) ZOE WATKINS
