AGL Energy Limited Summary

[2016] FWCA 920

DECISION

Fair Work Act 2009

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

AGL Energy Limited

(AG2016/2036)

AGL BUSINESS ENERGY SERVICES TECHNICIANS ENTERPRISE

AGREEMENT 2015 - 2018

Oil and gas industry

COMMISSIONER SAUNDERS

NEWCASTLE, 12 FEBRUARY 2016

Application for approval of the AGL Business Energy Services Technicians Enterprise

Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

AGL Business Energy Services Technicians Enterprise Agreement 2015-2018 (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] I accept the undertakings attached to this decision which have been given by the

employer.

[3] On the basis of the material contained in the application and the accompanying

statutory declarations, I am satisfied that each of the requirements of ss.186, 187 and 188 (and

s.190) of the Act 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) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1 of

the Agreement, will operate from the first fortnightly pay period for AGL Energy Limited on

or after 19 February 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

[2016] FWCA 920

UNDERTAKINGS:

[2016] FWCA 920

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of AGL Energy Limited, the Fair Work Commission approved the AGL Business Energy Services Technicians Enterprise Agreement 2015-2018, a single-enterprise agreement, under section 185 of the Fair Work Act 2009. The application for approval was submitted by AGL Energy Limited, and the agreement pertains to the oil and gas industry. The Australian Workers’ Union, acting as a bargaining representative for the agreement, has notified its desire for the agreement to cover it, as per section 183 of the Act. The agreement was approved by Commissioner Saunders on 12 February 2016, and it will take effect from the first fortnightly pay period for AGL Energy Limited on or after 19 February 2016. The nominal expiry date of the agreement is 31 August 2018.

The legal issues in this case revolved around whether the application for approval met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act, as well as whether the Australian Workers’ Union's notice under section 183 of the Act was valid and the agreement would cover the union. The Commissioner considered the material contained in the application, statutory declarations, and the Australian Workers’ Union's notice, ultimately determining that all relevant requirements were met.

Commissioner Saunders accepted the employer's undertakings attached to the decision. The Commissioner was satisfied that the requirements of sections 186, 187, and 188 of the Act had been fulfilled, as well as section 190. The Commissioner also noted that the Australian Workers’ Union's notice under section 183 of the Act was valid and that the agreement would cover the union, in accordance with section 201(2) of the Act. Based on this assessment, the agreement was approved and will operate from the specified date.

The final orders of the case are that the AGL Business Energy Services Technicians Enterprise Agreement 2015-2018 is approved and will take effect from the first fortnightly pay period for AGL Energy Limited on or after 19 February 2016. The nominal expiry date of the agreement is 31 August 2018.

AGL Energy Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established