Diamantina Power Station Pty Ltd

[2014] FWCA 558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Diamantina Power Station Pty Ltd
(AG2013/12009)

DIAMANTINA POWER STATION ENTERPRISE AGREEMENT 2013

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 JANUARY 2014

Application for approval of the Diamantina Power Station Enterprise Agreement 2013.

[1] Diamantina Power Station Pty Ltd applies for approval of an enterprise agreement known as the Diamantina Power Station Enterprise Agreement 2013 (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] 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.

[3] On 20 January 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 January 2014. The nominal expiry date of the Agreement is 22 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diamantina Power Station Pty Ltd, a corporation engaged in electricity generation, applied to the Fair Work Commission for approval of the Diamantina Power Station Enterprise Agreement 2013. The application arose due to disagreements between the company and its employees regarding the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the criteria for approval as stipulated in the Fair Work Act. This involved assessing if the agreement contained provisions that were fair and reasonable in all respects, including whether it provided for minimum rates of pay and conditions that met or exceeded the relevant award or registered agreement. Additionally, the Commission had to determine if the agreement had been genuinely negotiated and if it provided for the proper representation of employees' interests.

In delivering its decision, the Fair Work Commission carefully examined the terms of the proposed agreement, considering submissions from both the employer and the employees' representatives. The Commission found that the agreement met the statutory criteria for approval. It included provisions that were fair and reasonable, providing for appropriate minimum rates of pay and conditions of employment. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and that it provided for the proper representation of the employees' interests. Consequently, the Commission approved the Diamantina Power Station Enterprise Agreement 2013.

In conclusion, the Fair Work Commission approved the proposed enterprise agreement, finding it met the legal requirements for fair and reasonable terms and conditions of employment, genuine negotiation, and proper representation of employees' interests. The decision ensures that the terms of the agreement will govern the employment relationship between Diamantina Power Station Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established