Australian Energy Market Operator T/A Australian Energy Market Operator Limited

[2024] FWCA 2178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Energy Market Operator T/A Australian Energy Market Operator Limited

(AG2024/1865)

AEMO ENTERPRISE AGREEMENT 2024

Electrical power industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 JUNE 2024

Application for approval of the AEMO Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the AEMO Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Australian Energy Market Operator T/A Australian Energy Market Operator Limited (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Services Union (ASU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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) of the Act I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 20 June 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Australian Energy Market Operator (AEMO) and its employees, represented by the Australian Services Union (ASU). The dispute pertained to the approval of the AEMO Enterprise Agreement 2024. The application was brought under the Fair Work Act 2009, seeking the Commission's approval of the terms and conditions set out in the proposed agreement. The primary focus was on the fairness and appropriateness of the agreement's provisions for the employees, including remuneration, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included assessing whether the agreement provided a safety net for employees, if it was free from coercion and undue influence, and if it contained provisions that were procedurally and substantively fair. The Commission also needed to determine whether the agreement complied with the relevant minimum standards and whether it was consistent with the principles of the Fair Work Act. Furthermore, the Commission had to consider the views and submissions from both the AEMO and the ASU regarding the agreement's provisions.

In its decision, the Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission noted that the agreement provided a safety net of minimum entitlements that were no less favourable than the applicable awards or registered agreements. The Commission also determined that the agreement was not made under duress or undue influence and was consistent with the principles of the Fair Work Act. The Commission concluded that the agreement was procedurally and substantively fair, taking into account the submissions and evidence presented by both parties. The Commission approved the AEMO Enterprise Agreement 2024, highlighting its compliance with the statutory requirements and its fairness to the employees.

The final orders of the Commission included the approval of the AEMO Enterprise Agreement 2024, effective from 1 July 2024, subject to the terms and conditions set out in the agreement. The Commission also directed that the agreement be registered with the Fair Work Commission, ensuring its enforceability under the Fair Work Act. The decision provided clarity and certainty for both AEMO and its employees, allowing for the implementation of the agreed terms and conditions in their workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established