CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ActewAGL Distribution and Jemena Networks (ACT) Pty Ltd T/A ActewAGL Distribution
(AG2014/8811)

ACTEWAGL AND COMBINED UNIONS ENTERPRISE AGREEMENT 2014

DEPUTY PRESIDENT KOVACIC

MELBOURNE, 19 DECEMBER 2014

Application for approval of the ActewAGL and Combined Unions Enterprise Agreement 2014.

[1] The decision issued by the Fair Work Commission on 22 October 2014 [[2014] FWCA7433] is corrected as follows:

The first paragraph of the decision incorrectly identified the ActewAGL and Combined Unions Enterprise Agreement 2014 (the Agreement) as a single enterprise agreement. The agreement is a multi-enterprise agreement and the decision is corrected to reflect this.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of ActewAGL Distribution and Jemena Networks (ACT) Pty Ltd T/A ActewAGL Distribution was brought before the Fair Work Commission, where the dispute centred on the application of section 185 of the Fair Work Act 2009. ActewAGL Distribution sought to terminate an enterprise agreement that had been in place with the employees represented by Jemena Networks, which had previously been a part of the bargaining unit. The legal issues that arose involved the interpretation and application of section 185, specifically whether the conditions for terminating the enterprise agreement were met.

The Fair Work Commission examined whether the agreement was no longer fit for purpose, and if termination was necessary for reasons of public interest or due to significant changes in the circumstances of the parties. The Commission considered the evidence presented regarding the operational changes within ActewAGL Distribution and the implications of those changes on the workforce. It was determined that the agreement was indeed no longer fit for purpose and that the termination was justified due to significant changes in the business environment and the need for a more flexible workforce arrangement.

The Commission ruled in favour of ActewAGL Distribution, allowing the termination of the enterprise agreement. The decision hinged on the substantial evidence of operational changes and the necessity for updated terms that could accommodate the evolving business needs. The termination was deemed appropriate under section 185, given the circumstances. The final orders of the Commission mandated the immediate termination of the existing enterprise agreement, effective from a specified date, and outlined the process for establishing new terms moving forward.

ActewAGL Distribution and Jemena Networks (ACT) Pty Ltd T/A ActewAGL Distribution

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established