SIEMENS ENERGY LOY YANG A & B POWER STATIONS OUTAGE AND SHUTDOWN (AMWU & CFMEU) ENTERPRISE AGREEMENT 2025

Application for approval of the Siemens Energy Loy Yang A & B Power Stations Outage and Shutdown (AMWU & CFMEU) Enterprise Agreement 2025

[1] Siemens Energy Pty Ltd trading as Siemens Energy (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Siemens Energy Loy Yang A & B Power Stations Outage and Shutdown (AMWU & CFMEU) Enterprise Agreement 2025 (the Agreement).

[2] The Construction, Forestry and Maritime Employees Union (CFMEU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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) I note that the Agreement covers the CFMEU and the AMWU.

[3] The application for the Agreement was filed on 25 November 2025, which is 20 days outside of the statutory timeframe provided in s 185(3)(a) of the Fair Work Act 2009 (Cth). I accept the Employer's submissions to the effect that the reason for the delay was an inadvertent error, and that the delay has not caused any unfair impact on employees as the entitlements in the Agreement have retrospective application. Having regard to all the circumstances before me, I consider it fair to extend the period of time for the application to be made pursuant to s.185(3)(b).

[4] The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 22.1.6, relating to denial of entitlements when an employee is absent on an ordinary working day before or after a Public Holiday, is inconsistent with s.116 of the Act.

• Clauses 22.8.2 may provide a more burdensome standard of proof for evidence of personal leave than required by s.107(3) of the Act.

[5] However, noting clause 6.1 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.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 21 January 2026. The nominal expiry date of the Agreement is 31 March 2028.

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