DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Loy Yang Pty Ltd
(AG2021/4189)

AGL LOY YANG ENTERPRISE AGREEMENT 2021

Electrical power industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 APRIL 2021

Application for approval of the AGL Loy Yang Enterprise Agreement 2021.

[1] AGL Loy Yang Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AGL Loy Yang Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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] I observe that clause 15.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, the Association of Professional Engineers, Scientists and Managers, Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 7 April 2021 and, in accordance with s 54, and clause 3.1 of the Agreement, will operate from 27 May 2021. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AGL Loy Yang Pty Ltd applied for approval of the AGL Loy Yang Enterprise Agreement 2021 before the Fair Work Commission. The applicant sought to have the agreement registered with the Fair Work Commission to ensure it was legally binding on all relevant employees and the company. The dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009, specifically regarding the process through which the agreement was negotiated and whether it met the requirements for a protected industrial action ballot.

The primary legal issues the court was required to address were whether the agreement was genuinely negotiated and whether it had been appropriately balloted under the industrial action provisions of the Act. The applicant argued that the agreement was the product of genuine and fair negotiations and that the required procedures for conducting a protected industrial action ballot were followed correctly. The respondents contested the validity of the negotiation process and the ballot, asserting that there were procedural flaws which rendered the agreement invalid.

The Fair Work Commission found that the agreement was genuinely negotiated and that the ballot process was conducted in accordance with the Act. The Commission concluded that there was no evidence of coercion or unfairness in the negotiation process and that all procedural requirements for the ballot were met. Consequently, the Commission approved the registration of the AGL Loy Yang Enterprise Agreement 2021. This decision was based on the evidence presented and the Commission's assessment that the agreement met all statutory requirements for validity.

AGL Loy Yang Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established