UTILITIES MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2025

Application for approval of the Utilities Management Pty Ltd Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Utilities Management Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Utilities Management Pty Ltd trading as SA Power Networks (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] I observe that clause 8.14.1, that deals with casual employees and their entitlement to family and domestic violence leave, may not be consistent with the National Employment Standards (NES). Noting clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Applicant has submitted that there is no practice of consistent and substantial overtime for employees covered by the Agreement and, therefore, it is not reasonably foreseeable that employees would be worse off when in receipt of annualised wages provided for in clause 4.10 of the Agreement. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer and accept those submissions. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.  

[6] Pursuant to section 205A(2) of the Act, the Workplace Delegates' Rights term in Clause 26A of the Electrical Power Industry Award 2020 is taken to be a term of the Agreement.

[7] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Municipal, the Administrative, Clerical and Services Union (ASU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged respective Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the APESMA, the ASU and the CEPU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 4 February 2026. The nominal expiry date of the Agreement is 31 December 2026.

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