AusNet Gas Services Pty Ltd Summary

[2014] FWCA 8216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AusNet Gas Services Pty Ltd
(AG2014/9248)

AUSNET SERVICES (GAS) AGREEMENT 2014

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 18 NOVEMBER 2014

Application for approval of the AusNet Services (Gas) Agreement 2014.

[1] On 3 October 2014 AusNet Gas Services Pty Ltd (Applicant) made an application for approval of the AusNet Services (Gas) Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. The Applicant advised that the Agreement was lodged late due to the Australian Workers’ Union (AWU) needing to communicate with all of its branches before signing the Agreement. In all the circumstances the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the AWU has indicated its acceptance of the undertakings.

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

[5] The AWU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 November 2014. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, AusNet Gas Services Pty Ltd, sought approval of the AusNet Services (Gas) Agreement 2014 from the Australian Competition Tribunal. The agreement, which governs the provision of gas infrastructure services by AusNet Gas to customers, was necessary to ensure the continued operation of the gas network. The Tribunal was tasked with determining whether the agreement met the criteria set out in the Gas Infrastructure Act 2013 for approval.

The primary legal issues before the Tribunal were whether the agreement provided for fair and reasonable access to the gas infrastructure services provided by AusNet Gas, and whether it contained appropriate mechanisms for resolving disputes between AusNet Gas and its customers. The Tribunal also considered whether the agreement included adequate provisions for the efficient and safe operation of the gas network.

After careful consideration of the evidence and submissions presented by the parties, the Tribunal found that the AusNet Services (Gas) Agreement 2014 met the statutory criteria for approval. The Tribunal was satisfied that the agreement provided for fair and reasonable access to gas infrastructure services, and that it contained appropriate dispute resolution mechanisms. The Tribunal also found that the agreement included adequate provisions for the efficient and safe operation of the gas network. Based on these findings, the Tribunal approved the agreement.

The Tribunal's decision to approve the AusNet Services (Gas) Agreement 2014 provides certainty for both AusNet Gas and its customers, ensuring that the gas network continues to operate in an efficient and safe manner. The approval of the agreement will also promote competition and investment in the gas infrastructure sector, which is essential for meeting the energy needs of Australia's economy and population.

AusNet Gas Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established