DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Energy Market Operator Ltd T/A AEMO
(AG2015/3855)

AEMO ENTERPRISE AGREEMENT 2015

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 5 AUGUST 2015

Application for approval of the AEMO Enterprise Agreement 2015.

[1] On 6 July 2015, the Australian Energy Market Operator Pty Ltd (Applicant) made an application for approval of the AEMO Enterprise Agreement 2015 (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 within 14 days after it was made.

[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 Australian Services Union (ASU), the Australian Workers’ Union (AWU), the Association of Professional Engineers, Scientists and Managers Australia (APESMA) and employee bargaining representatives have indicated their 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 ASU, AWU and APESMA, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 12 August 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

In the Fair Work Commission, the Australian Energy Market Operator Ltd, trading as AEMO, applied for the approval of the AEMO Enterprise Agreement 2015. The agreement, negotiated between AEMO and the relevant unions, covers a range of employees within the organisation. The unions argued the agreement met the necessary standards for approval under the Fair Work Act 2009, including provisions for employee conditions such as wages, hours of work, and other terms and conditions of employment.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the "better off overall test" (BOOT), ensuring that no employee would be worse off and at least one employee would be better off financially compared to the applicable award or safety net. The Commission also considered whether the agreement adequately covered the necessary minimum terms and conditions as stipulated by the Act.

After reviewing the evidence and submissions from both AEMO and the unions, the Commission found that the AEMO Enterprise Agreement 2015 met the statutory requirements for approval. The agreement was deemed to comply with the BOOT, as it provided improved conditions for some employees without disadvantaging any. Additionally, the agreement was found to cover all the necessary minimum terms and conditions as required by the Fair Work Act 2009. Therefore, the Commission approved the agreement, affirming its compliance with the statutory standards.

The Commission's final order was that the AEMO Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the agreement governs the employment terms and conditions of the covered employees, providing a framework for their wages, hours of work, and other employment-related matters.

Australian Energy Market Operator Ltd T/A AEMO

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established