DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ATCO Gas Australia Pty Ltd
(AG2016/6155)

ATCO GAS AUSTRALIA PTY LTD GAS DISTRIBUTION ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2016 (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.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ATCO Gas Australia Pty Ltd applied to the Fair Work Commission for approval of the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2016. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a registered agreement. The application arose from negotiations between the applicant and the Australian Manufacturing Workers' Union, which led to the creation of the agreement in question. The Commission was required to consider whether the agreement met the requirements of the Act for registration.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009. In particular, the Commission had to assess if the agreement contained the necessary minimum terms and conditions, including those relating to wages, hours of work, and other employment-related matters. The Commission also needed to determine whether the agreement was made in good faith and whether it complied with the relevant provisions of the Act concerning the protection of employees' rights.

The Commission found that the agreement contained all the required minimum terms and conditions as stipulated in the Act. The agreement provided for wages, hours of work, and other employment-related matters, ensuring that employees were adequately protected. Furthermore, the Commission was satisfied that the agreement was made in good faith and complied with the Act's provisions concerning the protection of employees' rights. Consequently, the Commission approved the agreement and registered it as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the ATCO Gas Australia Pty Ltd Gas Distribution Enterprise Agreement 2016 and registered it as a registered agreement under the Fair Work Act 2009. The Commission determined that the agreement met all the necessary requirements, including containing the required minimum terms and conditions and being made in good faith. As a result, the agreement now legally binds both the applicant and the employees covered by the agreement, providing them with the protections and benefits outlined in the Act.

ATCO Gas Australia 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