DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecogen Energy Pty Ltd T/A Ecogen Energy
(AG2016/4969)

CFMEU ECOGEN ENERGY AGREEMENT 2016

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 16 AUGUST 2016

Application for approval of the CFMEU Ecogen Energy Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CFMEU Ecogen Energy 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 Ecogen Energy Pty Ltd T/As Ecogen Energy. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Mining and Energy 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 23 August 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

Ecogen Energy Pty Ltd, trading as Ecogen Energy, applied to the Fair Work Commission for approval of the CFMEU Ecogen Energy Agreement 2016. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) was a party to the agreement, which sought to regulate the employment terms and conditions of Ecogen Energy's employees. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately balanced the rights and interests of employees and employers.

The legal issues before the court involved whether the agreement met the criteria for being a lawful and effective enterprise agreement. This included an assessment of whether the agreement contained all the mandated terms and conditions, whether it was made in good faith, and whether it was free from any improper influence or coercion. Additionally, the court had to determine whether the agreement provided adequate protections for employees' rights and whether it adhered to the procedural requirements outlined in the Fair Work Act.

The court examined the provisions of the agreement in detail, considering the balance it struck between the interests of the employees and the employer. It assessed the procedural fairness of the agreement's creation and the substantive fairness of its terms. The court concluded that the agreement was made in good faith and met all the statutory requirements. It found that the agreement appropriately balanced the rights and interests of both parties and provided adequate protections for employees, thus complying with the provisions of the Fair Work Act.

The court approved the CFMEU Ecogen Energy Agreement 2016, confirming its validity and enforceability. This decision validated the agreement as a legally binding enterprise agreement between Ecogen Energy and the CFMEU, setting the terms and conditions of employment for the specified period.

Ecogen Energy Pty Ltd T/A Ecogen Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established