DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Generation and Retail Corporation t/a Synergy
(AG2020/547)

SYNERGY SITE ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MARCH 2020

Application for approval of the Synergy Site Enterprise Agreement 2019

[1] The Electricity Generation and Retail Corporation t/a Synergy has made an application for approval of an enterprise agreement known as the Synergy Site Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Municipal, Administrative, Clerical and Services 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 20 March 2020 and, in accordance with s 54, will operate from 27 March 2020. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, Electricity Generation and Retail Corporation, trading as Synergy, applied for the approval of the Synergy Site Enterprise Agreement 2019. The application was heard in the Fair Work Commission, an Australian federal court. The dispute centred around the terms and conditions of employment for Synergy's site employees, as outlined in the proposed enterprise agreement.

The legal issues the court had to decide included whether the proposed agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. This involved assessing whether the agreement was made in good faith, whether it dealt with matters that were within the scope of the enterprise, and whether it complied with any relevant awards or other registered agreements. The court also had to consider whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the Synergy Site Enterprise Agreement 2019 met the statutory requirements for approval. The Commission noted that the agreement was made in good faith, dealt with matters within the scope of the enterprise, and complied with relevant awards and registered agreements. The Commission was satisfied that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. As a result, the Commission approved the agreement, allowing it to come into effect and bind all employees and employers within the enterprise.

Electricity Generation and Retail Corporation t/a Synergy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established