DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGL Macquarie Pty Ltd
(AG2020/1165)

AGL MACQUARIE ENTERPRISE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 MAY 2020

Application for approval of the AGL Macquarie Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AGL Macquarie Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Association of Professional Engineers, Scientists and Managers, Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Australian Institute of Marine and Power Engineers being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[5] The Australian Municipal, Administrative, Clerical and Services Union NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[9] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[10] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 May 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter involved AGL Macquarie Pty Ltd and its employees, with the dispute concerning the approval of the AGL Macquarie Enterprise Agreement 2020. The application was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal. The key issue before the Commission was whether the agreement met the legal standards for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, covered appropriate bargaining units, and included necessary provisions on minimum terms and conditions.

The Fair Work Commission examined the evidence presented by both parties, considering the bargaining process, the content of the agreement, and compliance with statutory requirements. The Commission assessed the good faith of the negotiations and whether the agreement was made without coercion, undue influence, or discrimination. Furthermore, the Commission reviewed the scope of the bargaining units to ensure they were appropriately defined and whether the agreement provided for fair and reasonable minimum terms and conditions, including pay and conditions that met or exceeded the applicable awards or registered agreements.

After careful consideration of the submissions and evidence, the Fair Work Commission found that the AGL Macquarie Enterprise Agreement 2020 met the necessary legal standards for approval. The Commission was satisfied that the agreement was made in good faith, covered the appropriate bargaining units, and included adequate provisions on minimum terms and conditions. Consequently, the Commission approved the agreement. The approval ensures that the terms and conditions set out in the agreement will apply to the relevant employees, providing a stable and fair framework for their employment relationship.

AGL Macquarie 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