DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastern Creek Operations Pty Ltd T/A Global Renewables
(AG2020/1360)

EASTERN CREEK OPERATIONS PTY LIMITED AWU ENTERPRISE AGREEMENT 2020

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 13 JULY 2020

Application for approval of the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2020 (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 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 20 July 2020. The nominal expiry date of the Agreement is 12 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Eastern Creek Operations Pty Ltd, trading as Global Renewables, and the Australian Workers' Union. The company sought approval for the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2020, which sought to establish the terms and conditions of employment for its workers. The legal issues at the heart of this case revolved around whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it contained the necessary good faith bargaining provisions. Specifically, the court had to determine if the agreement was genuinely negotiated between the parties and if it adhered to the provisions of the Act, particularly in terms of good faith bargaining and procedural fairness.

In considering these issues, the Commission examined the evidence and submissions presented by both parties. It was found that the agreement had been negotiated in good faith and that the bargaining process was procedurally fair. The Commission noted that the company had engaged in meaningful discussions with the union and had made several concessions during the negotiations. Furthermore, the agreement contained provisions that were consistent with the principles of good faith bargaining and procedural fairness, as outlined in the Fair Work Act. The Commission concluded that the agreement met the legal requirements for approval and was in the best interests of the employees.

Consequently, the Fair Work Commission approved the Eastern Creek Operations Pty Limited AWU Enterprise Agreement 2020. The approval was based on the findings that the agreement had been genuinely negotiated in good faith and adhered to the provisions of the Fair Work Act. The Commission determined that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. This decision provided legal certainty for the parties and ensured that the agreement would govern the employment relationship moving forward.

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