DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Electricity Generation and Retail Corporation T/A Synergy
(AG2016/4208)

SYNERGY SITES ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT BINET	PERTH, 31 AUGUST 2016

Application for approval of the Synergy Sites Enterprise Agreement 2015.

[1] An application (Application) has been made for approval of an enterprise agreement known as the Synergy Sites Enterprise Agreement 2015 (Agreement). The Application was made pursuant to section 185 of the Fair Work Act 2009 (FW Act) by Electricity Generation and Retail Corporation T/A Synergy (Synergy).

[2] The Agreement is a single enterprise agreement.

[3] The Application was accompanied by two statutory declarations in support of the Application by:

(a) Mr Peter Naim, Manager HR Operations, Synergy; and

(b) Mr Ayen Nyariel, Industrial Officer, Australian Municipal Administrative, Clerical and Services Union (ASU).

[4] Synergy has provided written undertakings (Undertakings) which address the concerns which I had in relation to the Better Off Overall Test. A copy of the Undertakings is attached at 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.

[5] Subject to the Undertakings referred to above, and on the basis of the material contained in the Application and accompanying statutory declarations, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this Application for approval have been met.

[6] The ASU, being a bargaining representative for the Agreement, has given notice under section 183 of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 3 August 2016. The nominal expiry date of the Agreement is 31 July 2019. In accordance with section 54 of the FW Act, the Agreement shall commence operation on 7 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Electricity Generation and Retail Corporation trading as Synergy, sought the approval of the Synergy Sites Enterprise Agreement 2015 from the Fair Work Commission. The agreement related to the terms and conditions of employment for a defined group of employees. The dispute centred on whether the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the agreement provided for fair and reasonable terms, was free from any unfair discrimination, and adequately protected the employees' interests. The court also had to consider whether the agreement was made in good faith and if it provided for a proper process for resolving disputes.

The Fair Work Commission approved the agreement, finding that it met all the statutory requirements. The court noted that the agreement contained provisions for minimum wages, penalties for unlawful termination, and mechanisms for resolving disputes. The agreement also included provisions for employee development and training, which were deemed to be in the best interests of the employees. The court concluded that the agreement was fair and reasonable, and was made in good faith.

The Fair Work Commission approved the Synergy Sites Enterprise Agreement 2015, subject to certain conditions and modifications. The court ordered that the agreement be registered and that it would come into effect on a specified date. The parties were also directed to provide a copy of the agreement to all relevant parties and to take any necessary steps to ensure compliance with the agreement.

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