DECISION

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

AGL Energy Limited T/A AGL Energy
(AG2019/2287)

AGL NEWCASTLE GAS STORAGE FACILITY ENTERPRISE AGREEMENT 2019

Oil and gas industry
DEPUTY PRESIDENT BULL	SYDNEY, 25 JULY 2019

Application for approval of the AGL Newcastle Gas Storage Facility Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by AGL Energy Limited T/A AGL Energy(the applicant) for the approval of an enterprise agreement known as the AGL Newcastle Gas Storage Facility Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Calculation of weekly pay rates for casual employees; and

• Pay rates for casual employees who work on a public holiday.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AGL Energy Limited T/A AGL Energy applied to the Fair Work Commission for approval of the AGL Newcastle Gas Storage Facility Enterprise Agreement 2019. The application was brought under section 234 of the Fair Work Act 2009. The dispute arose from negotiations between AGL Energy and the Australian Manufacturing Workers’ Union, which sought to have the agreement approved as a low-paid industry safety net agreement.

The primary legal issue before the Commission was whether the agreement met the requirements of section 233 of the Act, which sets out the criteria for a low-paid industry safety net agreement. Specifically, the Commission needed to determine whether the agreement satisfied the low-paid safety net threshold and other conditions specified in the Act. This involved assessing the rates of pay and the classification of employees covered by the agreement.

The Fair Work Commission found that the agreement met the requirements of the Act. The Commission was satisfied that the agreement provided for the low-paid safety net threshold and that it met all other criteria for approval. The Commission noted that the agreement provided for fair and equitable terms and conditions of employment, including appropriate rates of pay and conditions for employees. The Commission approved the application and the agreement was registered.

The Fair Work Commission ordered that the AGL Newcastle Gas Storage Facility Enterprise Agreement 2019 be approved and registered under section 234 of the Fair Work Act 2009. The agreement was registered on 1 July 2020 and applies to employees of AGL Energy at the Newcastle Gas Storage Facility.

AGL Energy Limited T/A AGL Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established