AGL Energy Pty Limited

[2013] FWCA 4933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Energy Pty Limited
(AG2013/1703)

AGL RETAIL (VICTORIA) ENTERPRISE AGREEMENT 2013

Electrical power industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 23 JULY 2013

Application for approval of the AGL Retail (Victoria) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AGL Retail (Victoria) Enterprise Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clause 20.1 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] 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. As required by s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 July 2013. The nominal expiry date of the Agreement is 30 May 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of AGL Energy Pty Limited, the applicant sought approval for the AGL Retail (Victoria) Enterprise Agreement 2013 from the Fair Work Commission. The dispute arose between the applicant and the employees represented by the Australian Services Union, who argued that certain provisions of the agreement were not in accordance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the legislative requirements and should be approved.

The legal issues before the commission included whether the agreement provided for the minimum terms and conditions as mandated by the Fair Work Act, and whether it met the requirements for a greenfields agreement. Additionally, the commission had to consider if the agreement appropriately balanced the interests of both the employer and the employees, and if it adhered to the principles of procedural fairness.

The Fair Work Commission found that the agreement complied with the statutory requirements and was fair and reasonable. The commission noted that the agreement provided for the minimum terms and conditions and appropriately balanced the interests of both parties. The commission also concluded that the applicant had followed the principles of procedural fairness in the negotiation and finalisation of the agreement. Therefore, the commission approved the AGL Retail (Victoria) Enterprise Agreement 2013.

The Fair Work Commission's decision was to approve the AGL Retail (Victoria) Enterprise Agreement 2013. The commission found that the agreement met all the statutory requirements and was fair and reasonable. The decision was based on the commission's finding that the agreement provided for the minimum terms and conditions, balanced the interests of both parties, and adhered to the principles of procedural fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established