DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AGL Energy Limited
(AG2014/10539)

AGL ENERGY LIMITED SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT BARTEL	Adelaide, 12 JANUARY 2015

[1] An application for approval of an enterprise agreement known as the AGL Energy Limited South Australia Enterprise Agreement 2015 (the Agreement) has been made by AGL Energy Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The consultation term in clause 51 of the Agreement does not contain all the required statutory provisions as set out in s.205 of the Act. In accordance with s.205(2) of the Act the model consultation term will apply and is taken to be a term of the Agreement. The model term is appended to the Agreement as Schedule 1.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union (the ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the ASU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 19 January 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AGL Energy Limited applied to the Fair Work Commission for approval of an enterprise agreement known as the AGL Energy Limited South Australia Enterprise Agreement 2015. This was done under section 185 of the Fair Work Act 2009. The application was for a single-enterprise agreement. The application was made by AGL Energy Limited, referred to as the employer throughout the proceedings. The agreement in question pertained to employees working in South Australia. The central issue before the Commission was whether the proposed agreement met the criteria set forth in the Fair Work Act for approval, specifically whether it contained the necessary terms and conditions that were fair and reasonable for the employees covered by the agreement.

The Commission was required to determine if the agreement provided for fair and reasonable terms and conditions for the employees, as stipulated by section 230 of the Fair Work Act. This involved a detailed examination of the various provisions of the agreement, including pay rates, classification, and other employment conditions. The Commission also needed to assess whether the agreement was in compliance with the Act’s requirements for good faith bargaining and whether it contained terms that were in the best interests of the employees. The legal issues encompassed the procedural correctness of the bargaining process, the fairness of the terms proposed, and the overall compliance with statutory provisions.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the agreement contained terms and conditions that were fair and reasonable for the employees. The Commission was satisfied that the bargaining process had been conducted in good faith and that the agreement met the statutory requirements. Consequently, the application for approval was approved, and the AGL Energy Limited South Australia Enterprise Agreement 2015 was certified effective. The decision underscored the importance of ensuring that enterprise agreements are fair and beneficial to both employers and employees, while also complying with the legislative framework established by the Fair Work Act.

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