DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Energy Limited
(AG2017/1592)

AGL NEWCASTLE GAS STORAGE FACILITY ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 26 MAY 2017

Application for approval of the AGL Newcastle Gas Storage Facility Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AGL Newcastle Gas Storage Facility Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGL Energy Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2017. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved AGL Energy Limited, which sought approval for the AGL Newcastle Gas Storage Facility Enterprise Agreement 2017. The application aimed to establish terms and conditions for employees at the Newcastle gas storage facility. The dispute centred around whether the agreement complied with the necessary legal and procedural requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement had been made in good faith, whether it complied with the procedural requirements, and if it met the genuine agreement criterion. The applicant needed to demonstrate that the agreement had been negotiated in good faith and was not made under duress or coercion. Furthermore, the agreement had to adhere to the formal requirements, such as providing employees with adequate information and ensuring the agreement was not materially detrimental to employees.

The Fair Work Commission found that AGL Energy Limited had fulfilled the necessary criteria for approving the agreement. The court concluded that the agreement was made in good faith, the procedural requirements were followed, and it was not materially detrimental to the employees. The evidence presented showed that employees had been adequately informed and had the opportunity to be involved in the negotiation process. The Commission was satisfied that the agreement met the standards required by the Fair Work Act.

Consequently, the Commission approved the AGL Newcastle Gas Storage Facility Enterprise Agreement 2017. The approval ensures that the terms and conditions of employment for the relevant employees are legally binding and enforceable.

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