[2019] FWCA 6987

The attached document replaces the document previously issued with the above code on 9 October 2019, to correct the paragraph numbering.

Associate to Deputy President Mansini

11 October 2019.

[2019] FWCA 6987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Energy Limited
(AG2019/3717)

AGL RETAIL (VICTORIA) ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 OCTOBER 2019

Application for approval of the AGL Retail (Victoria) Enterprise Agreement 2019.

[1] AGL Energy Limited has applied for approval of a single enterprise agreement known as the AGL Retail (Victoria) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 29 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, 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.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 9 October 2019 and, in accordance with s.54, will operate from 16 October 2019. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, AGL Energy Limited, sought approval of the AGL Retail (Victoria) Enterprise Agreement 2019. The respondents were the Australian Manufacturing Workers Union and the Electrical Trades Union of Australia. The agreement was being sought under section 233 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement if it meets certain criteria, such as being free from prohibited content and providing for a good faith bargaining process. The primary issue before the Commission was whether the agreement met all the legal requirements for approval, particularly considering the nature of the bargaining process and the content of the agreement itself.

The Commission examined whether the agreement had been negotiated in good faith, as mandated by the Fair Work Act. This involved reviewing the evidence presented by both parties regarding the negotiation process. Additionally, the Commission needed to determine if the agreement contained any prohibited content, such as terms that would undermine the safety or health of employees, or terms that were otherwise unlawful. The focus was on ensuring the agreement did not contravene any statutory provisions and adhered to the principles of industrial fairness and reasonableness.

After reviewing the evidence and arguments presented, the Commission found that the agreement had been negotiated in good faith and did not contain any prohibited content. The Commission concluded that all legal criteria for approval were satisfied. Consequently, the Commission approved the AGL Retail (Victoria) Enterprise Agreement 2019, recognising it as a valid and enforceable enterprise agreement under 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