DECISION

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

EDL Group Operations Pty Ltd T/A Energy Developments Limited
(AG2014/9694)

EDL GROUP OPERATIONS PTY LTD - AWU AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 DECEMBER 2014

Application for approval of the EDL Group Operations Pty Ltd - AWU Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the EDL Group Operations Pty Ltd - AWU Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EDL Group Operations Pty Ltd T/A Energy Developments Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), 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) of the Act, I note that the Agreement covers the AWU.

[4] On 28 October 2014 and 11 November 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of EDL Group Operations Pty Ltd T/A Energy Developments Limited, the Fair Work Commission was tasked with assessing an application for the approval of a new enterprise agreement. The applicant, EDL Group Operations Pty Ltd, sought to establish a new agreement, referred to as the EDL Group Operations Pty Ltd - AWU Agreement 2014, which would govern the employment conditions of its workforce. The Australian Workers’ Union (AWU) supported the application, while other parties had reservations about certain aspects of the proposed agreement.

The primary legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and whether it was genuinely negotiated. The Commission also considered whether the agreement complied with the "better off overall test" and if it included appropriate mechanisms for dispute resolution.

After thorough consideration, the Commission concluded that the EDL Group Operations Pty Ltd - AWU Agreement 2014 satisfied the necessary statutory criteria. The agreement provided fair and reasonable terms and conditions, was genuinely negotiated, and met the "better off overall test." The Commission found that the agreement included adequate provisions for dispute resolution and did not unfairly discriminate against any employees. As such, the Commission approved the application for the agreement.

The final orders of the Commission were that the EDL Group Operations Pty Ltd - AWU Agreement 2014 be approved, effective from the date of the decision. This approval allows the agreement to govern the employment conditions of the workforce, subject to any future amendments or variations that may be agreed upon or determined by the Commission.

EDL Group Operations Pty Ltd T/A Energy Developments Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established