DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Char Pty Ltd
(AG2021/4920)

AUSTRALIAN CHAR PTY LTD - MORWELL ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 13 MAY 2021

Application for approval of the Australian Char Pty Ltd - Morwell Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Char Pty Ltd - Morwell Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Char 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Australian Char Pty Ltd applied for the approval of the Morwell Enterprise Agreement 2021. The applicant is an employer engaged in the electricity generation industry, while the respondents are the employees' representative, the Electrical Trades Union of Australia, and individual employees. The dispute concerns the terms and conditions of employment set out in the proposed agreement, which the parties negotiated through a series of meetings and discussions. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement contained all the mandatory terms required by section 234 of the Act and whether it complied with the good faith bargaining provisions under section 228. The Commission also needed to ensure that the agreement did not unfairly discriminate against any employee or class of employees and that it provided for a fair and reasonable method of determining wages and other conditions of employment.

The Commission found that the proposed enterprise agreement met all the necessary requirements. It contained all the mandatory terms and provisions stipulated by the Act and demonstrated that the parties had engaged in good faith bargaining. The agreement did not unfairly discriminate against any employee or class of employees, and it provided for a fair and reasonable method of determining wages and other conditions of employment. Consequently, the Commission approved the Morwell Enterprise Agreement 2021 as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Morwell Enterprise Agreement 2021 as a registered agreement. This decision ensures that the terms and conditions of employment are fair, reasonable, and in compliance with the Fair Work Act 2009. The approval of this agreement will provide stability and certainty for both the employer and the employees involved.

Australian Char 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