DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Energy Limited
(AG2019/1814)

AGL ENERGY LIMITED SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2019

Application for approval of the AGL Energy Limited South Australia Enterprise Agreement 2019

[1] AGL Energy Limited has made an application for approval of an enterprise agreement known as the AGL Energy Limited South Australia Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 June 2019 and, in accordance with s.54, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the court involved an application by AGL Energy Limited to have the AGL Energy Limited South Australia Enterprise Agreement 2019 approved. The dispute centred around whether the terms of the agreement complied with the necessary legal standards, particularly in relation to the procedural fairness and substantive fairness of the agreement as it related to the employees of AGL Energy Limited in South Australia. The Commission was tasked with assessing whether the agreement was made in good faith and without coercion, and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the agreement was genuinely negotiated between AGL Energy Limited and its employees, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement met the requirements of the Fair Work Act 2009, including the provisions relating to the avoidance of industrial action and the promotion of conciliation and agreement-making. Additionally, the Commission was required to determine whether the agreement was likely to promote harmonious, productive and economic workplace relations.

The Fair Work Commission found that the AGL Energy Limited South Australia Enterprise Agreement 2019 was made in good faith and without coercion, and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission considered that the agreement was genuinely negotiated between AGL Energy Limited and its employees, and that it met the requirements of the Fair Work Act 2009. The Commission also found that the agreement was likely to promote harmonious, productive and economic workplace relations. Accordingly, the Commission approved the agreement.

AGL Energy Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established