DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Energy Asia Pty Ltd
(AG2019/1658)

ENERGY ASIA (GENERAL) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 19 AUGUST 2019

Energy Asia (General) Enterprise Agreement 2019 Application for approval of the Energy Asia (General) Enterprise Agreement 2019.

[1] Energy Asia Pty Ltd has applied for approval of a single enterprise agreement known as the Energy Asia (General) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] After the application was made, concerns were raised in relation to whether: the pre-approval steps were met; the Agreement passes the “better off overall” test and excludes the National Employment Standards in the Act (NES).

[3] An amended statutory declaration was filed to correct some typographical errors. In the circumstances, I consider that the amended application should be allowed and that is appropriate to do so in accordance with s.586 of the Act.

[4] Written undertakings were given to address concerns, in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not oppose the Undertakings.

[5] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] On the basis of the material contained in the amended application and related materials, and having regard to the Undertakings, 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.

[7] The Agreement was approved on 19 August 2019 and, in accordance with s.54, will operate from 26 August 2019. The nominal expiry date of the Agreement is 19 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Energy Asia Pty Ltd applied to the Fair Work Commission for approval of the Energy Asia (General) Enterprise Agreement 2019. The applicant, a company engaged in the provision of energy services, sought to have the agreement registered as a single-enterprise agreement under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not comply with various legal requirements.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, including whether it complied with the good faith bargaining requirement, and whether it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it provided for procedural fairness.

In delivering its decision, the Commission first noted that the agreement had been the subject of good faith bargaining and that it contained all the mandatory terms and conditions required by the Fair Work Act. The Commission found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including wage increases and improved working conditions. The Commission also found that the agreement provided for procedural fairness, as it included provisions for the resolution of disputes and the protection of employee rights. Based on these findings, the Commission approved the agreement and registered it as a single-enterprise agreement.

The Fair Work Commission approved the Energy Asia (General) Enterprise Agreement 2019 and registered it as a single-enterprise agreement under the Fair Work Act. The Commission found that the agreement met the legal requirements for approval, including the good faith bargaining requirement, and that it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission also found that the agreement was in the best interests of the employees and provided for procedural fairness.

Energy Asia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established