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austlii:cth/FWCA/2023/2851
procedural. The Agreement was approved and will operate from 13 September 2023 with a nominal expiry date of 6 September 2027.
The Fair Work Commission approved an enterprise agreement for AGL Energy Limited covering retail employees in Victoria. The Commission confirmed that all legal requirements were met, including that the group of employees was fairly chosen even though not all AGL employees were covered. The Australian Workers' Union, which was involved in bargaining for the agreement, is also covered by it. The agreement will start operating on 13 September 2023 and expire on 6 September 2027.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
AGL RETAIL (VICTORIA) ENTERPRISE AGREEMENT 2023
Application for approval of the AGL Retail (Victoria) Enterprise Agreement 2023
[1] An application has been made for approval of an enterprise agreement known as the AGL Retail (Victoria) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGL Energy Limited. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] The Australian Workers' Union 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.
[4] The Agreement is approved and in accordance with s.54, will operate from 13 September 2023. The nominal expiry date of the Agreement is 6 September 2027.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 13 September 2023 with a nominal expiry date of 6 September 2027.