DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CS Energy Ltd
(AG2019/527)

WIVENHOE POWER STATION ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 MAY 2019

Application for approval of the Wivenhoe Power Station Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wivenhoe Power Station Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CS Energy 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, The Australian Institute of Marine and Power Engineers, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Municipal, Administrative, Clerical and Services Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 14 May 2019 and, in accordance with s.54, will operate from 21 May 2019. The nominal expiry date of the Agreement is 29 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CS Energy Ltd applied for approval of the Wivenhoe Power Station Enterprise Agreement 2018. The application involved the agreement's compliance with the Fair Work Act 2009, particularly in relation to the minimum entitlements of employees. The nature of the dispute centred on whether the agreement, which was part of a collective bargaining process, adequately covered the terms and conditions of employment and provided for fair and reasonable minimum wages and conditions.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act, including whether it was a bona fide agreement reached through genuine bargaining, and if it provided for fair and reasonable minimum wages and conditions. Additionally, the court had to consider whether the agreement complied with the provisions regarding the scope of the agreement and the procedural fairness in its formation.

The court found that the agreement was indeed a bona fide agreement achieved through genuine bargaining. It held that the agreement provided for fair and reasonable minimum wages and conditions, as it included provisions that went beyond the statutory minimums in some respects. The court also determined that the agreement was properly scoped and that there was procedural fairness in its formation. Therefore, the application for approval was successful, and the agreement was registered as a certified agreement.

The final orders of the court were that the Wivenhoe Power Station Enterprise Agreement 2018 be approved and registered as a certified agreement under the Fair Work Act 2009. This decision was made on the basis that the agreement met all the necessary criteria for approval and was in line with the requirements of the Act.

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