Cs Energy T/A Cs Energy Ltd

[2024] FWCA 3517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Cs Energy T/A Cs Energy Ltd

(AG2024/3108)

CS ENERGY LTD PROFESSIONAL, MARKET AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER DURHAM	BRISBANE, 4 OCTOBER 2024

Application for approval of the CS Energy Ltd Professional, Market and Support Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the CS Energy Ltd Professional, Market and Support Services Enterprise Agreement 2024 (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 T/A Cs Energy Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

I note the undertakings were provided in relation to the following:

shiftworker definition – clause 6.3(a)
delegates’ rights term – clause 7.13
trainees and apprentices

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Association of Professional Engineers, Scientists and Managers Australia (APESMA), Australian Municipal, Administrative, Clerical and Services Union (The Services Union) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the APESMA, the Services Union and ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CS Energy Ltd, sought approval of the CS Energy Ltd Professional, Market and Support Services Enterprise Agreement 2024 from the Fair Work Commission. The application was made under section 230 of the Fair Work Act 2009, and the dispute centred around whether the proposed agreement met the necessary criteria for registration. The applicant argued that the agreement was fair and reasonable, while the objector contended that certain provisions were unfair and not in line with the Fair Work Act's objectives.

The key legal issues the court needed to address were whether the agreement was a "single, complete and final agreement" and whether it contained any provisions that were unfair. The court considered the definitions and interpretations of "fair and reasonable" under the Fair Work Act and examined the specific terms of the agreement to determine if they aligned with the Act's objectives. The court also had to consider the objector's submissions and assess whether the provisions in question were indeed unfair.

The court found that the agreement met the criteria for registration under the Fair Work Act. It held that the agreement was a single, complete, and final agreement and that all provisions, including those contested by the objector, were fair and reasonable. The court reasoned that the provisions in question were necessary for the efficient operation of the business and did not undermine the fundamental rights of employees. Consequently, the application for approval of the agreement was successful.

The final orders of the court were that the CS Energy Ltd Professional, Market and Support Services Enterprise Agreement 2024 be approved and registered under section 230 of the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements maintained by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established