Endeavour Energy Summary

[2013] FWCA 3159

FAIR WORK COMMISSION

DECISION

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

Endeavour Energy
(AG2013/6476)

ENDEAVOUR ENERGY ENTERPRISE AGREEMENT 2012

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 MAY 2013

Application for approval of the Endeavour Energy Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Endeavour Energy Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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), the Australian Municipal, Administrative, Clerical and Services Union (New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Branch) (ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and will operate from 28 May 2013. The nominal expiry date of the Agreement is 24 December 2014.

SENIOR DEPUTY PRESIDENT

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<Price code O, AE401346

CaseChat Overview and Summary

Endeavour Energy sought approval of the Endeavour Energy Enterprise Agreement 2012. The application was made to the Fair Work Commission (FWC). The dispute centred on the terms of the proposed agreement, which was intended to cover employees of Endeavour Energy, an electricity distribution business.

The central legal issues before the FWC were whether the agreement complied with the relevant legislative requirements under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement met the provisions for good faith bargaining, provided for the protection of employees' rights, and was consistent with the national employment standards. The FWC also examined the process through which the agreement was negotiated to ensure it complied with the principles of procedural fairness.

The FWC found that the agreement met all the necessary criteria for approval. The FWC was satisfied that the agreement had been negotiated in good faith and provided adequate protections for employees. The agreement was also consistent with the national employment standards and did not disadvantage employees. The FWC concluded that the agreement complied with the legislative requirements and approved it.

The FWC ordered the approval of the Endeavour Energy Enterprise Agreement 2012, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by its terms.

Endeavour Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established