Electricity Generation and Retail Corporation T/A Synergy

[2023] FWCA 518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electricity Generation and Retail Corporation T/A Synergy

(AG2022/5525)

Synergy Sites Enterprise Agreement 2022

Electrical power industry
COMMISSIONER SCHNEIDER	PERTH, 17 FEBRUARY 2023

Application for approval of the Synergy Sites Enterprise Agreement 2022

Electricity Generation and Retail Corporation T/A Synergy (the Applicant) has made an application for the approval of an enterprise agreement known as the Synergy Sites Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Australian Municipal, Administrative, Clerical and Services Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 February 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Electricity Generation and Retail Corporation, trading as Synergy, which sought approval for the Synergy Sites Enterprise Agreement 2022. The application was brought by the company, which aimed to formalise the terms and conditions of employment for its employees under the new agreement. The dispute centred on whether the agreement met the necessary legal standards and obligations under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement provided fair and reasonable terms for the employees, whether it complied with the statutory minimum standards set by the Fair Work Act, and whether it was made in good faith and without coercion. The court also needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission evaluated the agreement, taking into account the submissions from both parties and relevant statutory provisions. The Commission found that the agreement contained provisions that were fair and reasonable for the employees, and that it did not contravene the minimum standards stipulated by the Fair Work Act. The Commission also determined that the agreement was made in good faith and without coercion. Consequently, the Commission approved the Synergy Sites Enterprise Agreement 2022, deeming it to be a lawful and appropriate document for regulating the employment relationship between the company 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