CS Energy Ltd

[2016] FWCA 417

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CS Energy Ltd

(AG2015/7679)

CALLIDE POWER STATION ENTERPRISE AGREEMENT 2015

Electrical power industry

DEPUTY PRESIDENT ASBURY

BRISBANE, 20 JANUARY 2016

Application for approval of the Callide Power Station Enterprise Agreement 2015.

[1] CS Energy Ltd (CS Energy) applies for approval of an enterprise agreement known as

the Callide Power Station Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-

enterprise agreement.

[2] The Construction, Forestry, Mining and Energy Union, the Association of Professional

Engineers, Scientists and Managers, Australia, the Communications, Electrical, Electronic,

Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian

Municipal, Administrative, Clerical and Services Union and the “Automotive, Food, Metals,

Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing

Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each

given notice under s.183 of the Act that these organisations want the Agreement to cover

them. In accordance with s.201(2) of the Act I note that the Agreement covers these

organisations.

[3] This Agreement was the subject of a bargaining dispute before the Commission as

presently constituted. As a result of the process before the Commission CS Energy has

undertaken to conduct a review of what were termed “disputed positions”. Pursuant to s.190

of the Act, I accept the Employer’s undertaking. In accordance with s.201(3) of the Act I note

that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] Further, the parties have entered into a Memorandum of Understanding (MOU) in

respect of other agreed outcomes from bargaining. The parties have not sought to include the

terms of the MOU in the Agreement. I note that the MOU was filed with this application for

approval of the Agreement and forms part of the Commission’s file.

[5] 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.
[2016] FWCA 417

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 27

January 2016. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CS Energy Ltd applied for the approval of the Callide Power Station Enterprise Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009. This agreement, a single-enterprise agreement, was proposed to cover several unions, including the Construction, Forestry, Mining and Energy Union, the Association of Professional Engineers, Scientists and Managers, Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Municipal, Administrative, Clerical and Services Union and the Australian Manufacturing Workers' Union. The unions had each given notice under section 183 of the Act, indicating their desire for the Agreement to cover them. The application was processed in light of a previous bargaining dispute, during which CS Energy committed to reviewing certain positions, an undertaking that was accepted by the court. Additionally, the parties entered into a Memorandum of Understanding, which, though not included in the Agreement, was noted and filed with the application.

The court had to decide whether the Agreement met the requirements of sections 186, 187, and 188 of the Act, which pertain to the approval of enterprise agreements. The court examined the application and supporting documents to determine if the Agreement was fairly and appropriately negotiated and if it complied with the Act's provisions. The Deputy President found that the requirements were met, leading to the approval of the Agreement. The court also noted that the Agreement would operate from 27 January 2016 and would expire on 28 February 2018.

The Deputy President concluded that all necessary requirements for the approval of the Agreement were fulfilled. Consequently, the Agreement was approved and would commence on 27 January 2016, with a nominal expiry date of 28 February 2018. This decision confirmed the legal standing of the Agreement, ensuring that it would be implemented as per the terms outlined and subject to the conditions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established