DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Generation and Retail Corporation T/A Synergy
(AG2015/574)

SYNERGY & CEPU WAGES EMPLOYEES’ ENTERPRISE AGREEMENT 2014

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 25 MARCH 2015

Application for approval of the Synergy & CEPU Wages Employees’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Synergy & CEPU Wages Employees’ Enterprise Agreement 2014 (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/AS 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[4] The Agreement was approved on 25 March 2015 and, in accordance with s.54, will operate from 1 April 2015. The nominal expiry date of the Agreement is 24 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Synergy & CEPU Wages Employees’ Enterprise Agreement 2014, with the parties being Electricity Generation and Retail Corporation trading as Synergy and the Communications, Electrical and Plumbing Union of Australia. The dispute centred around the terms and conditions of employment for employees of Synergy, with a focus on wage-related matters and associated entitlements.

The central legal issues that the Commission had to address were whether the enterprise agreement in question met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable, and whether it adhered to the provisions concerning the avoidance of underpayments and the proper calculation of penalty rates. Additionally, the Commission considered whether the agreement adequately protected the rights of employees and provided for fair dispute resolution mechanisms.

The Fair Work Commission, after thorough deliberation, found that the enterprise agreement largely met the statutory requirements for approval. The agreement was deemed to be fair and reasonable, as it provided for a comprehensive set of terms and conditions that balanced the interests of both the employer and the employees. The Commission noted the provisions concerning the avoidance of underpayments and the proper calculation of penalty rates were satisfactory. However, some minor amendments were recommended to ensure greater clarity and to address specific concerns raised by the parties during the hearing. Ultimately, the Commission approved the agreement with these amendments, ensuring that it was fair and balanced while also meeting the legislative standards set forth in the Fair Work Act 2009.

The final orders of the Commission included the approval of the Synergy & CEPU Wages Employees’ Enterprise Agreement 2014, subject to the minor amendments made during the hearing. These amendments were designed to address specific concerns and to enhance the clarity of certain provisions. The Commission's decision was based on the principle that the agreement, as amended, provided a fair and reasonable set of terms and conditions of employment for the employees of Synergy, while also adhering to the legislative requirements for enterprise agreements under the Fair Work Act 2009.

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