DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CS Energy Ltd
(AG2020/3414)

CS ENERGY LTD CORPORATE OFFICE ENTERPRISE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 NOVEMBER 2020

Application for approval of the CS Energy Ltd Corporate Office Enterprise Agreement 2020

[1] CS Energy Ltd has made an application for approval of an enterprise agreement known as the CS Energy Ltd Corporate Office Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Municipal, Administrative, Clerical and Services Union, and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 30 November 2020 and, in accordance with s 54, will operate from 7 December 2020. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are CS Energy Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute was an application for approval of the CS Energy Ltd Corporate Office Enterprise Agreement 2020, brought before the Fair Work Commission (FWC). The legal issues before the court encompassed whether the proposed enterprise agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. The court had to determine if the agreement was made in good faith, whether it addressed key workplace issues, and if it provided fair and reasonable terms for the employees.

The FWC assessed the evidence and submissions from both parties to determine if the agreement fulfilled the necessary criteria. The court considered the nature of the workplace, the bargaining process, and the content of the agreement itself. It was crucial that the agreement addressed key workplace issues such as wages, hours of work, and other terms and conditions of employment. The FWC also examined if the agreement provided fair and reasonable terms and conditions of employment, taking into account the interests of both employers and employees. Ultimately, the court needed to decide if the agreement was in the best interests of the employees and if it met the statutory requirements for approval.

The FWC found that the proposed enterprise agreement met the statutory requirements for approval. The court was satisfied that the agreement was made in good faith and that it addressed key workplace issues. The agreement provided fair and reasonable terms and conditions of employment for the employees, taking into account the interests of both employers and employees. The FWC approved the CS Energy Ltd Corporate Office Enterprise Agreement 2020, as it met the necessary criteria and provided a fair outcome for all parties involved. The decision was based on the evidence and submissions provided by both parties, and the FWC was satisfied that the agreement was in the best interests of the employees.

CS Energy Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established