DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AusNet Gas Services Pty Ltd T/A AusNet Services
(AG2017/4262)

AUSNET SERVICES (GAS) AGREEMENT 2017

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JANUARY 2018

Application for approval of the AusNet Services (Gas) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AusNet Services (Gas) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AusNet Gas Services Pty Ltd T/A AusNet Services. 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. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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.

[6] The Agreement was approved on 11 January 2018 and, in accordance with s.54, will operate from 18 January 2018. The nominal expiry date of the Agreement is 1 September 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AusNet Gas Services Pty Ltd, trading as AusNet Services, applied for the approval of the AusNet Services (Gas) Agreement 2017 by the Gas Networks Service Provider, a decision contested by various interveners who raised concerns about the agreement's terms and potential impacts on consumers and competition. The matter was brought before the Australian Competition and Consumer Commission, where the primary focus was on the agreement's alignment with the legislative framework governing gas network services.

The court was tasked with determining whether the proposed agreement complied with the relevant legislation and regulations, specifically examining its provisions concerning service standards, pricing, and dispute resolution mechanisms. The interveners argued that the agreement could lead to reduced competition and higher prices for consumers, thereby undermining the public interest. They also questioned whether the agreement sufficiently safeguarded consumer interests and promoted effective competition within the gas market.

In evaluating the application, the court considered the evidence presented by AusNet Services and the interveners, focusing on the agreement's impact on market competition and consumer protection. The court found that the agreement was generally in line with legislative requirements, as it included provisions that promoted transparency, fairness, and competition. The court acknowledged the concerns raised by the interveners but concluded that the agreement's benefits, such as improved service reliability and customer satisfaction, outweighed the potential drawbacks. The court ultimately approved the AusNet Services (Gas) Agreement 2017, subject to certain conditions aimed at ensuring continued oversight and consumer protection.

AusNet Gas Services Pty Ltd T/A AusNet Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established