DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aurora Energy Pty Ltd
(AG2015/7459)

AURORA ENERGY AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the Aurora Energy Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aurora Energy Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurora Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurora Energy Pty Ltd was before the Federal Court of Australia in an application for the approval of the Aurora Energy Agreement 2015. The applicant, Aurora Energy, sought approval for the agreement which aimed to regulate the use of energy resources within a specified area. The application was contested by several parties who argued that the agreement would adversely affect their rights and interests.

The court was required to decide whether the agreement complied with the relevant statutory provisions and whether it was in the public interest to approve it. Key legal issues included the interpretation of the statutory requirements for such agreements, the potential impact on the rights and interests of the contesting parties, and the overall public benefit.

The court found that the agreement was consistent with the statutory framework and that the potential impacts on the contesting parties were adequately addressed through the agreement's provisions. The court emphasised the public interest benefits, including the promotion of energy efficiency and sustainability. Consequently, the court approved the Aurora Energy Agreement 2015.

The final orders of the court included the approval of the agreement, subject to certain conditions that aimed to mitigate any remaining concerns of the contesting parties. The decision reinforced the importance of balancing private interests with broader public benefits in the context of energy resource agreements.

Aurora Energy 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