DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Energy Market Operator T/A AEMO
(AG2018/2996)

AEMO ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER SAUNDERS	NEWCASTLE, 31 OCTOBER 2018

Application for approval of the AEMO Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AEMO Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Energy Market Operator T/A AEMO. 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 Municipal, Administrative, Clerical and Services Union, The Australian Workers’ Union and The Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian Energy Market Operator, trading as AEMO, and its employees, represented by their unions. The unions sought approval for the AEMO Enterprise Agreement 2018, which outlined terms and conditions of employment for the relevant workforce. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions that were no less favourable than those stipulated in the relevant national workplace determinations, and whether the agreement allowed for genuine flexibility and fairness in the workplace. Additionally, the Commission had to assess whether the agreement contained proper provisions for the resolution of disputes and whether it was consistent with the overarching objectives of the Fair Work Act.

The Fair Work Commission found that the AEMO Enterprise Agreement 2018 did not meet the statutory requirements for approval. The Commission determined that the agreement did not provide for minimum rates of pay and conditions that were no less favourable than those in the applicable national workplace determinations. Furthermore, the Commission held that the agreement did not adequately address genuine flexibility and fairness in the workplace, nor did it contain sufficient provisions for the resolution of disputes. Consequently, the Commission refused to approve the agreement.

The Fair Work Commission's decision resulted in the refusal to approve the AEMO Enterprise Agreement 2018. The Commission directed that the terms and conditions of employment for the affected employees would continue to be governed by the relevant national workplace determinations until such time as a compliant enterprise agreement was negotiated and approved.

Australian Energy Market Operator 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