DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7049)

ASCLEAR PTY LTD YALLOURN & CFMEU YALLOURN POWER STATION & OPEN CUT MINE 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the AsClear Pty Ltd Yallourn & CFMEU Yallourn Power Station & Open Cut Mine 2021.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the AsClear Pty Ltd Yallourn & CFMEU Yallourn Power Station & Open Cut Mine 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the CFMMEU 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 14 September 2021 and, in accordance with s 54, will operate from 21 September 2021. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for an enterprise agreement under the Fair Work Act 2009. The agreement was intended for the employees of AsClear Pty Ltd, which operates the Yallourn Power Station and Open Cut Mine. The application was contested by the respondent, the Secretary of the Department of Industry, Science, Energy and Resources. The primary dispute centred on the potential impact of the proposed agreement on the employees' working conditions and the broader implications for the energy sector. The case was heard by the Fair Work Commission.

The legal issues before the Commission involved determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the various provisions of the Act that govern enterprise agreements. Additionally, the Commission needed to consider the impact of the agreement on the broader energy market and the potential implications for industrial relations within the sector.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement, considering the specific terms and conditions proposed for the employees. The Commission noted that the agreement contained provisions that were in line with the general principles of fairness and reasonableness. It also found that the agreement did not adversely affect the broader energy market or disrupt industrial relations within the sector. Consequently, the Commission approved the application for the enterprise agreement. The decision balanced the interests of the employees with the need to maintain a stable and efficient energy market.

The final orders of the Commission were that the proposed enterprise agreement between AsClear Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union be approved. The agreement was to be registered under the Fair Work Act, and the terms and conditions it contained would apply to the employees of AsClear Pty Ltd. This decision ensures that the employees have a fair and reasonable agreement, while also maintaining the stability of the energy sector.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established