DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamantina Power Station Pty Ltd
(AG2019/429)

APA DIAMANTINA POWER STATION ENTERPRISE AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2019

Application for approval of the APA Diamantina Power Station Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the APA Diamantina 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 Diamantina Power Station Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clauses 6, 18 19, 20 and Appendix 2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2019. The nominal expiry date of the Agreement is 18 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Diamantina Power Station Pty Ltd was the applicant in this case, seeking approval of the APA Diamantina Power Station Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The dispute arose from the need to approve an enterprise agreement that was intended to govern the employment conditions of the workers at the power station.

The legal issues before the Commission were whether the agreement met the necessary statutory requirements and if it had been genuinely negotiated. Specifically, the Commission had to assess if the agreement was made in accordance with the Fair Work Act 2009, and whether the process of negotiation was free from any improper influence or coercion.

The Commission reviewed the evidence presented by the applicant and the submissions made by the parties involved. It considered whether the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the procedural requirements for approval. After evaluating the evidence, the Commission determined that the agreement was made in accordance with the Act and that the negotiation process was genuine. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The final orders of the Commission included the approval of the APA Diamantina Power Station Enterprise Agreement 2018, effective from the date of the decision. The agreement was to apply to the employees of Diamantina Power Station Pty Ltd, setting out their terms and conditions of employment.

Diamantina Power Station Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established