DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/98)

O&M PTY LTD ETU GREENFIELD YALLOURN POWER STATION & OPEN CUT MINE 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the O&M Pty Ltd ETU Greenfield Yallourn Power Station & Open Cut Mine 2016.

[1] An application has been made for approval of an enterprise Agreement known as the O&M Pty Ltd ETU Greenfield Yallourn Power Station & Open Cut Mine 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and O&M Pty Ltd. The dispute centred around the approval of an enterprise bargaining agreement under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The Union sought approval for an agreement that would cover employees of O&M Pty Ltd at the Greenfield Yallourn Power Station & Open Cut Mine.

The legal issues before the court were primarily whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. The Union argued that the agreement was fair and met all necessary criteria, while O&M Pty Ltd contended that certain provisions of the agreement did not meet the requirements of the Act. The court had to determine whether the agreement was procedurally sound and whether it contained all the necessary minimum terms and conditions as prescribed by the Act.

In delivering its decision, the court considered the submissions from both parties and the relevant provisions of the Fair Work Act. The court found that while the agreement was largely procedurally sound, there were some deficiencies in the way certain provisions were drafted. However, these deficiencies did not render the entire agreement invalid. The court made specific orders to rectify the identified issues, ensuring that the agreement complied with the Act before granting final approval.

The final orders included the approval of the enterprise bargaining agreement with specific amendments to certain clauses to ensure compliance with the Fair Work Act. The court emphasised the importance of the agreement meeting both procedural and substantive requirements to protect the rights of the employees and the legitimate interests of the employer.

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