Application for approval of the AGL Somerton Agreement 2025

[1] AGL Energy Limited has applied for approval of an enterprise agreement known as AGL Somerton Agreement 2025 under s 185 of the Fair Work Act 2009.

[2] The Agreement is a single enterprise agreement.

[3] I note clause 4.4 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CEPU.

[6] The Agreement is approved and, in accordance with s 54 of the Act and clause 5.1, will operate from 30 March 2025.

[7] In accordance with clause 5.1, the nominal expiry date of the Agreement is 30 March 2029.

[8] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities

[9] I determined to vary the Agreement on my own initiative, following the identification of errors in the table of contents, being that it had not been updated to include Clause 35 and numbering of subsequent clauses was therefore incorrect.

[10] The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

[11] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

[12] The Agreement attached to this Decision is the Agreement as varied. The Agreement as varied will operate from 30 March 2025 and has the nominal expiry date of 30 March 2029.

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