DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Creek Operations Pty Ltd T/A Global Renewables
(AG2016/7630)

EASTERN CREEK OPERATIONS PTY LIMITED AWU ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER LEE	MELBOURNE, 20 FEBRUARY 2017

Application for approval of the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastern Creek Operations Pty Ltd T/A Global Renewables. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Australian Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Eastern Creek Operations Pty Ltd T/A Global Renewables, the Fair Work Commission was presented with an application to approve the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2016. The application was made by the employer, Eastern Creek Operations Pty Ltd, seeking the Commission's approval of the enterprise agreement which had been negotiated with the Australian Workers' Union. The agreement in question aimed to regulate various employment terms and conditions for employees working at the company's solar farm in Eastern Creek, New South Wales.

The central legal issues before the Commission involved the scrutiny of whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on provisions regarding pay rates, classification of employees, and procedural fairness. The employer argued that the agreement was fair and balanced, while the union contended that certain aspects did not adequately protect employee interests. The Commission needed to determine if the agreement met the 'better off overall test' and if it was appropriately negotiated, ensuring it did not unfairly disadvantage any party.

The Fair Work Commission, after considering the submissions from both parties, concluded that the agreement did not meet the statutory requirements for approval. The Commission found several deficiencies in the pay rates and classification provisions, which did not sufficiently ensure that employees would be 'better off overall' compared to the applicable awards. Additionally, the Commission was not satisfied with the process through which the agreement was negotiated, identifying a lack of procedural fairness. Consequently, the application for approval was dismissed. The Commission did not find the agreement to be in the best interests of the employees, thereby upholding the protections intended by the Fair Work Act.

The Commission ordered that the application for approval of the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2016 be dismissed. The agreement, as submitted, was not to be recognised under the Fair Work Act 2009. This decision mandated that the employer and the union return to the negotiating table to address the deficiencies identified by the Commission, with the goal of reaching an agreement that would be fair and compliant with the Act.

Eastern Creek Operations Pty Ltd T/A Global Renewables

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established