DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Generation and Retail Corporation T/A Synergy
(AG2019/41)

SYNERGY PERTH ENTERPRISE AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 FEBRUARY 2019

Application for approval of the Synergy Perth Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Synergy Perth Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Electricity Generation and Retail Corporation t/as Synergy. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, and 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, 188, and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[6] The Agreement was approved on 28 February 2019 and, in accordance with s 54, will operate from 7 March 2019. The nominal expiry date of the Agreement is 7 March 2022.

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, which applied for approval of the Synergy Perth Enterprise Agreement 2018. The application was heard in the Fair Work Commission, the tribunal tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the proposed agreement complied with the legal requirements for enterprise agreements and whether it was in the best interests of the employees involved.

The legal issues before the Commission were whether the agreement met the statutory criteria for approval, including being a bona fide enterprise agreement, ensuring that the agreement was not detrimental to employees, and whether it complied with the procedural requirements. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees, including their pay and conditions, and whether it allowed for adequate consultation and negotiation processes.

In its reasoning, the Commission found that the proposed agreement did meet the statutory criteria for approval. It was determined that the agreement was a bona fide enterprise agreement, as it was negotiated in good faith and covered the necessary matters. The Commission also found that the agreement was not detrimental to the employees, as it provided for fair and reasonable terms, including adequate pay and conditions. The procedural requirements were also met, with the Commission satisfied that there was adequate consultation and negotiation. As a result, the Commission approved the Synergy Perth Enterprise Agreement 2018, finding it to be in the best interests of the employees.

The final orders of the Commission were that the Synergy Perth Enterprise Agreement 2018 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to take all necessary steps to give effect to the agreement. The Commission also ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all parties involved.

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