DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Energy Australia Services Pty Ltd T/A EnergyAustralia
(AG2016/6921)

ENERGYAUSTRALIA RETAIL CALL CENTRE AGREEMENT 2016

Electrical power industry
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the EnergyAustralia Retail Call Centre Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Retail Call Centre 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 Energy Australia Services Pty Ltd T/A EnergyAustralia. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Energy Australia Services Pty Ltd, trading as EnergyAustralia, applied to the Fair Work Commission for approval of the EnergyAustralia Retail Call Centre Agreement 2016. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA). The dispute centered around whether the proposed agreement complied with the relevant statutory requirements and adequately protected employees' rights and interests.

The court was required to determine whether the agreement was a genuine enterprise agreement and if it contained the necessary provisions to ensure its fairness and compliance with the Fair Work Act 2009. This included examining the process by which the agreement was negotiated and whether there were any procedural irregularities. Additionally, the court had to assess if the agreement provided appropriate protections for employees, including terms related to remuneration, working conditions, and dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission found that the agreement was a genuine enterprise agreement and was appropriately negotiated. The court concluded that the agreement was fair and complied with the statutory requirements, taking into account the evidence presented by both parties. The Commission was satisfied that the agreement provided adequate protections for employees and that it was in their best interests.

The Fair Work Commission approved the EnergyAustralia Retail Call Centre Agreement 2016, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission, and both parties were bound by its terms. The Commission also noted that ongoing monitoring would be necessary to ensure compliance with the agreement and the relevant legislation.

Energy Australia Services Pty Ltd T/A EnergyAustralia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established