DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CleanCo Queensland Limited
(AG2020/2961)

SWANBANK POWER STATION ENTERPRISE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Swanbank Power Station Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Swanbank Power Station Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CleanCo Queensland Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Electrical Division (CEPU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 11 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CleanCo Queensland Limited brought an application to the Fair Work Commission for the approval of the Swanbank Power Station Enterprise Agreement 2020. The applicant, CleanCo, sought to implement changes to the existing enterprise agreement in an effort to enhance operational efficiency and address financial sustainability issues at the power station. The application was contested by the Australian Manufacturing Workers’ Union, which represented a significant number of employees affected by the proposed changes.

The central legal issues that the Commission had to address were whether the proposed changes in the agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the changes were genuinely negotiated and whether they provided adequate protections and benefits to the employees.

The Fair Work Commission found that the proposed changes in the agreement were fair and reasonable. The Commission determined that the changes were genuinely negotiated and provided adequate protections and benefits to the employees. The Commission further held that the changes complied with the requirements of the Fair Work Act 2009. The Commission noted that the changes were necessary to address the financial sustainability issues faced by CleanCo and that they were not detrimental to the employees.

The Fair Work Commission approved the Swanbank Power Station Enterprise Agreement 2020. The approval came into effect on 1 July 2020. The decision ensures that CleanCo can implement the necessary changes to address its financial challenges while maintaining a fair and reasonable agreement with its employees.

CleanCo Queensland Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established