DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clean Energy Regulator
(AG2019/680)

CLEAN ENERGY REGULATOR ENTERPRISE AGREEMENT 2019 - 2022

Commonwealth employment
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JUNE 2019

Application for approval of the Clean Energy Regulator Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Clean Energy Regulator Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clean Energy Regulator. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The CPSU, the Community and Public Sector 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 25 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Clean Energy Regulator, the applicant sought approval of the Clean Energy Regulator Enterprise Agreement 2019 - 2022. The dispute arose under the Fair Work Act 2009 and was heard in the Fair Work Commission. The applicant, a public sector employer, argued that the proposed agreement, which included provisions on employment conditions, remuneration, and dispute resolution, should be approved as a registered agreement. The legal issues before the Commission were whether the agreement complied with the statutory requirements for registration and whether it was in the best interests of the employees.

The Commission considered the provisions of the Fair Work Act and relevant case law to determine if the agreement met the criteria for approval. It assessed the agreement's compliance with the legal requirements, including whether it contained mandatory terms and conditions, and if it provided for the protection of employee rights. The Commission also examined if the agreement was fair and reasonable, and whether it was likely to facilitate the improved performance of the organisation and its employees. Ultimately, the Commission found that the agreement satisfied the statutory requirements and was in the best interests of the employees. Consequently, the Clean Energy Regulator Enterprise Agreement 2019 - 2022 was approved as a registered agreement.

The final orders of the Commission included the approval of the Clean Energy Regulator Enterprise Agreement 2019 - 2022, which was registered as a certified agreement under the Fair Work Act. The agreement, which would govern the employment conditions of the relevant employees for the specified period, was deemed to be in compliance with the statutory requirements and in the best interests of the employees. This decision ensured that the proposed agreement was legally binding and enforceable, providing certainty and stability in the employment relationship between the Clean Energy Regulator and its employees.

Clean Energy Regulator

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established