DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Generation and Retail Corporation T/A Synergy
(AG2020/2662)

SYNERGY & CEPU WAGES EMPLOYEES’ ENTERPRISE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 OCTOBER 2020

Application for approval of the Synergy & CEPU Wages Employees’ Enterprise Agreement 2020.

[1] Electricity Generation and Retail Corporation (the Employer) has made an application for approval of an enterprise agreement known as the Synergy & CEPU Wages Employees' Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 October 2020 and, in accordance with s 54, will operate from 29 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Electricity Generation and Retail Corporation trading as Synergy and the Communications, Electrical and Plumbing Union. The applicants sought approval for the Synergy & CEPU Wages Employees’ Enterprise Agreement 2020. The dispute was brought before the Fair Work Commission, which has the authority to approve enterprise agreements that meet the requirements under the Fair Work Act 2009.

The central legal issues that the Commission had to address included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether it contained the necessary minimum terms and conditions, and whether it complied with procedural fairness. Specifically, the Commission needed to determine if the agreement had been genuinely negotiated, if the employees had been adequately informed about the agreement, and if the agreement met the statutory requirements for minimum terms and conditions.

The Fair Work Commission, after reviewing the submissions and evidence presented by both parties, found that the agreement had been genuinely negotiated and contained all the necessary minimum terms and conditions. The Commission noted that the applicants had demonstrated compliance with the procedural fairness requirements, including providing adequate information to the employees. Furthermore, the Commission was satisfied that the agreement met the statutory requirements for minimum terms and conditions. Consequently, the Commission approved the Synergy & CEPU Wages Employees’ Enterprise Agreement 2020.

In light of the findings, the Commission approved the agreement, thereby resolving the dispute between the parties. The approval signifies that the agreement is now legally binding and can be implemented between the applicants. This decision ensures that the employees covered by the agreement are entitled to the terms and conditions set out in the approved enterprise agreement.

Electricity Generation and Retail Corporation T/A Synergy

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established