Coogee Energy Pty Ltd

[2014] FWCA 181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coogee Energy Pty Ltd
(AG2013/12117)

COOGEE ENERGY PLANT AGREEMENT 2013

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 8 JANUARY 2014

Application for approval of the Coogee Energy Plant Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Coogee Energy Plant Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coogee Energy Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (AWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 8 January 2014 and, in accordance with s.54 of the Act, will operate from 15 January 2014. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coogee Energy Pty Ltd sought approval of the Coogee Energy Plant Agreement 2013 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of Coogee Energy, a company operating in the energy sector. The Commission was tasked with assessing whether the proposed agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the relevant legislative provisions under the Fair Work Act 2009. The legal issues before the Commission included whether the proposed agreement adequately covered all necessary aspects of employment, such as wages, hours of work, and other conditions, and whether it provided a fair and reasonable balance of interests between the employer and employees. Additionally, the Commission had to determine whether the agreement met the requirements for employee representation and consultation as stipulated by the Act.

In its decision, the Commission examined the provisions of the proposed agreement and the submissions made by both parties. It found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs and circumstances of the employees and the business operations of Coogee Energy. The Commission concluded that the agreement met the statutory requirements for employee representation and consultation, and that it provided a fair and reasonable balance of interests between the parties. The Commission approved the Coogee Energy Plant Agreement 2013, noting that it would be subject to further review and potential amendment in the future as circumstances changed.

The final orders of the Commission were that the Coogee Energy Plant Agreement 2013 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be in effect from the date of the decision and would be subject to the ongoing obligations of the parties to comply with the Act and to negotiate in good faith to address any issues that may arise during its operation. The approval of the agreement provided a framework for the fair and reasonable terms and conditions of employment for the employees of Coogee Energy, and ensured that the parties could continue their business operations with a clear understanding of their respective rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established