Fair Work Commission to consider CFMEU Protected Action Ballot Order

AGL Loy Yang will challenge the CFMEU’s Protected Action Ballot Order (PABO) application at a hearing before the Full Bench of the Fair Work Commission (FWC) in Melbourne today.

AGL Loy Yang has been negotiating a new Enterprise Agreement since late-July 2015. AGL is seeking an agreement that balances the long-term interests of the Loy Yang power station and mine, the Loy Yang workforce, the Latrobe Valley community, and electricity customers.

On 21 March the CFMEU lodged a PABO application with the FWC seeking a ballot of its members on the following proposed industrial action:

  • An unlimited number of stoppages of work for a period of between one and 24 hours.
  • An unlimited number of bans of one or more hours on the operation of one or more generating units at Loy Yang A power station.

AGL Loy Yang was successful in its application to have the matter referred to the Full Bench of the FWC given the complexity and implications of the CFMEU application and potential for significant impact on electricity supply for Victorian and South Australian customers in particular.

“AGL Loy Yang will challenge aspects of the PABO application and seek to have the notice period for protected industrial action extended from three days to seven days,” said AGL Loy Yang General Manager Steve Rieniets.

AGL Loy Yang has also lodged a Section 240 application with the Fair Work Commission requesting assistance with bargaining for a new agreement. A FWC hearing will be held on 9 May.

“AGL Loy Yang is hopeful that the FWC will be able to assist us in achieving a more efficient bargaining process leading to a sensible agreement,” Mr Rieniets said. 

The PABO hearing is listed for 10.00am, Thursday, 21 April 2016 at the Fair Work Commission, 11 Exhibition Street, Melbourne.

  • AGL Loy Yang operates four generating units with a total output of 2,210 megawatts, the equivalent of approximately 30 percent of Victoria’s electricity requirements.
  • The Loy Yang coal mine also supplies coal to GDF Suez’ Loy Yang B power station, which together with Loy Yang A, comprises 50 percent of Victoria’s electricity requirements.

About AGL
AGL is one of Australia’s leading integrated energy companies. It is taking action to responsibly reduce its greenhouse gas emissions while providing secure and affordable energy to its customers. Drawing on over 175 years of experience, AGL serves its customers throughout eastern Australia with meeting their energy requirements, including gas, electricity, solar PV and related products and services. AGL has a diverse power generation portfolio including base, peaking and intermediate generation plants, spread across traditional thermal generation as well as renewable sources including hydro, wind, solar, landfill gas and biomass.