DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Generation and Retail Corporation T/A Synergy
(AG2016/6555)

SYNERGY & CEPU WAGES EMPLOYEES’ ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Synergy & CEPU Wages Employees’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Synergy & CEPU Wages Employees’ Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electricity Generation and Retail Corporation T/A Synergy. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Electricity Generation and Retail Corporation, trading as Synergy, for the approval of the Synergy & CEPU Wages Employees’ Enterprise Agreement 2016. The CEPU, or the Communication, Electrical and Plumbing Union of Australia, represented the employees in question. The primary dispute centred on whether the proposed enterprise agreement complied with the relevant legislative requirements and if it adequately addressed the terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission, with its inherent jurisdiction under the Fair Work Act 2009, was tasked with assessing the agreement's provisions and determining its validity.

The legal issues at the heart of this matter involved scrutinising the proposed agreement against the backdrop of statutory provisions. The Commission had to ensure that the agreement met the criteria set out in the Fair Work Act, including whether it was made in good faith and whether it provided for the proper operation of the enterprise. Furthermore, the Commission examined whether the agreement's terms were fair and reasonable, taking into account the needs and interests of the employees it covered. The evaluation also included assessing whether the agreement provided adequate protections and benefits for employees, in line with the principles of industrial justice.

In its reasoning, the Commission addressed the specific provisions of the proposed agreement, considering the submissions and evidence presented by both parties. The Commission found that the agreement, overall, complied with the statutory requirements and was made in good faith. The terms were deemed to be fair and reasonable, providing appropriate protections and benefits to the employees. The Commission noted the comprehensive nature of the agreement, which covered various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. After careful consideration of the evidence and submissions, the Commission concluded that the agreement met the necessary standards for approval.

Consequently, the Fair Work Commission approved the Synergy & CEPU Wages Employees’ Enterprise Agreement 2016, effective from the date of the decision. This decision provided certainty and clarity for both the employer and the employees, ensuring that the agreement would govern their industrial relationship moving forward. The approval signified the Commission's endorsement of the agreement's provisions and its alignment with the principles of the Fair Work Act.

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