DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/2755)

O&M PTY LTD & ETU YALLOURN POWER STATION & OPEN CUT MINE 2020

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 29 SEPTEMBER 2020

Application for approval of the O&M Pty Ltd & ETU Yallourn Power Station & Open Cut Mine 2020.

[1] Application has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of a single enterprise agreement known as the O&M Pty Ltd & ETU Yallourn Power Station & Open Cut Mine 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2020. The nominal expiry date of the Agreement is 31 January 2024.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of an enterprise agreement between O&M Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union). The dispute centred around the terms and conditions of employment for employees of O&M Pty Ltd at the Yallourn Power Station and Open Cut Mine. The Union sought to have the enterprise agreement approved under the Fair Work Act 2009, which mandates that the agreement must meet certain "better off overall test" (BOOT) criteria. The company, on the other hand, challenged the Union's application on several grounds, primarily arguing that the proposed agreement did not comply with the BOOT requirements.

The central legal issues the Commission had to resolve were whether the proposed enterprise agreement met the BOOT criteria and whether there were any procedural irregularities in the Union's application process. The BOOT test requires that employees covered by the agreement be no worse off financially and have at least the same conditions of employment as under the previous agreement or applicable law, with some exceptions. Additionally, the Commission had to consider whether the application process complied with the procedural fairness principles enshrined in the Fair Work Act.

In delivering its decision, the Commission thoroughly examined the proposed enterprise agreement against the statutory BOOT criteria. The Commission found that the agreement did indeed meet the BOOT requirements, as the employees would not be worse off financially and their conditions of employment were at least as good as, if not better than, those under the previous agreement. The Commission also addressed the procedural fairness issues raised by the company and concluded that the Union's application process was conducted in a fair and transparent manner, without any significant procedural irregularities. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with all statutory requirements and procedural standards.

The Fair Work Commission approved the application for the enterprise agreement, determining that it met the statutory criteria and was procedurally sound. The approval ensures that the terms and conditions of employment for the employees of O&M Pty Ltd at the Yallourn Power Station and Open Cut Mine are governed by the new agreement, which is considered fair and reasonable under the Fair Work Act. The Commission's decision provides clarity and certainty for both the employer and the employees regarding their rights and obligations under the approved enterprise agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established