ATCO Gas Australia Pty Ltd

[2022] FWCA 4260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ATCO Gas Australia Pty Ltd

(AG2022/4832)

ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2022

Oil and gas industry
COMMISSIONER YILMAZ	MELBOURNE, 5 DECEMBER 2022

Application for approval of the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ATCO Gas Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 12 December 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of ATCO Gas Australia Pty Ltd was considered. The dispute was an application for the approval of the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2022. The Commission was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009, specifically with regard to the provisions regarding minimum wages and conditions.

The central legal issues involved assessing whether the agreement provided for fair and reasonable terms for employees, including whether the proposed wages and conditions were consistent with the principles of the Act. The Commission needed to consider if the agreement met the "better-off, overall and in the round" test, ensuring that employees would not be worse off overall and that the agreement would lead to better outcomes for them.

The Commission found that the proposed agreement met the necessary standards. It was concluded that the agreement provided for fair and reasonable terms, with the wages and conditions being consistent with the principles of the Act. The agreement was considered to meet the "better-off, overall and in the round" test, as employees would not be worse off overall and would benefit from better outcomes. Consequently, the Commission approved the agreement.

The final order of the Commission was the approval of the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2022. The agreement was certified and became a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established