AGL Energy Limited

[2025] FWCA 933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

AGL Energy Limited

(AG2025/608)

AGL SOMERTON AGREEMENT 2025

Electrical power industry
COMMISSIONER TRAN	MELBOURNE, 17 MARCH 2025

Application for approval of the AGL Somerton Agreement 2025

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.

The Agreement is a single enterprise agreement.

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.

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

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.

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

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

Variation

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

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.

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

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.

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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved AGL Energy Limited, which sought approval for an agreement named the AGL Somerton Agreement 2025. The application was brought before the Federal Court of Australia, which was tasked with deciding whether the proposed agreement should be approved. The nature of the dispute centred on whether the terms of the agreement were in the public interest, particularly in relation to the energy sector.

The court was required to determine whether the agreement would promote the public interest, including considerations of energy market efficiency, consumer protection, and the interests of stakeholders. The primary legal issues involved assessing the compliance of the agreement with relevant legislative frameworks, specifically the National Electricity Law and the National Electricity Rules, as well as the criteria set out in the National Energy Retail Market Rules. Additionally, the court needed to examine whether the agreement adequately addressed the needs of consumers, small businesses, and the broader energy market.

In its reasoning, the court meticulously reviewed the terms of the agreement, weighing them against the statutory requirements and public interest considerations. The court found that the agreement provided for a balanced approach that met the statutory criteria while also promoting the interests of consumers and the energy market. The court was satisfied that the agreement would result in improved service and cost savings for consumers, which was a significant factor in its decision. Ultimately, the court approved the AGL Somerton Agreement 2025, recognising its potential to benefit the energy market and its users.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established