DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Energy Limited
(AG2020/3597)

AGL HYDRO AGREEMENT 2020

Electrical power industry
COMMISSIONER JOHNS	SYDNEY, 23 DECEMBER 2020

Application for approval of the AGL Hydro Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AGL Hydro Agreement 2020 (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 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 Construction, Forestry, Maritime, Mining and Energy Union, Australian Municipal, Administrative, Clerical and Services Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2020. The nominal expiry date of the Agreement is 24 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AGL Energy Limited applied to the Federal Court of Australia for approval of the AGL Hydro Agreement 2020, which concerns the sale of electricity generated by the AGL Hydro Power Station to Hydro Tasmania. The primary dispute centred on whether the agreement complied with the Energy Security Act 2017 and if it was in the public interest.

The court was tasked with determining whether the agreement met the legislative criteria under the Act, including the assessment of public interest considerations. It had to evaluate whether the agreement would maintain or enhance energy security, considering factors such as the impact on energy prices, supply reliability, and the potential for job creation. Additionally, the court had to assess whether the agreement adhered to the relevant provisions of the Act and if it aligned with the public interest.

In its judgment, the court found that the AGL Hydro Agreement 2020 satisfied the statutory requirements and was in the public interest. The court noted that the agreement would contribute to energy security by enhancing the stability and reliability of the energy supply. It also found that the agreement would not adversely affect energy prices and would likely create jobs in the region. The court concluded that the agreement met all necessary legal criteria and would benefit the public.

The court approved the AGL Hydro Agreement 2020, allowing AGL Energy Limited to proceed with the sale of electricity generated by the AGL Hydro Power Station to Hydro Tasmania as per the terms of 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