AGL Energy Limited Summary

[2023] FWCA 2851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AGL Energy Limited

(AG2023/2859)

AGL RETAIL (VICTORIA) ENTERPRISE AGREEMENT 2023

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 6 SEPTEMBER 2023

Application for approval of the AGL Retail (Victoria) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the AGL Retail (Victoria) Enterprise Agreement 2023 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement is approved and in accordance with s.54, will operate from 13 September 2023. The nominal expiry date of the Agreement is 6 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, AGL Energy Limited sought approval of the AGL Retail (Victoria) Enterprise Agreement 2023 from the Fair Work Commission. The agreement in question was made between AGL Energy Limited and the Retail and Fast Food Workers Union of Victoria, covering employees in the retail sector employed by AGL Energy Limited in Victoria. The dispute centred on whether the terms of the agreement were fair and reasonable, and if the agreement complied with the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement met the requirements under section 233 of the Fair Work Act, including if it provided for the appropriate matters, was free from prohibited content, and whether it was in the best interests of the employees. Furthermore, the court had to consider if the agreement was made in accordance with the procedural requirements set out in the Act.

The Fair Work Commission determined that the agreement was fair and reasonable and complied with the Act. The court found that the agreement contained all the necessary provisions, including minimum wages and conditions, dispute resolution, and other employment terms. The court also concluded that the agreement was made in good faith and that there were adequate consultation processes in place. The commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved conditions, and additional leave provisions. The court held that the agreement was in the best interests of the employees and approved it under section 235 of the Fair Work Act.

In conclusion, the Fair Work Commission approved the AGL Retail (Victoria) Enterprise Agreement 2023, finding it to be fair and reasonable, compliant with the Fair Work Act, and in the best interests of the employees. The commission emphasised the importance of the agreement in providing for the appropriate matters, being free from prohibited content, and meeting the procedural requirements of the Act. The approval of the agreement ensures that employees of AGL Energy Limited in Victoria will benefit from improved wages and conditions as outlined in the agreement.

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