Energy Queensland Limited T/A Energy Queensland

[2024] FWCA 2450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Energy Queensland Limited T/A Energy Queensland

(AG2024/2190)

ENERGY QUEENSLAND UNION COLLECTIVE AGREEMENT 2024

Electrical power industry
COMMISSIONER TRAN	MELBOURNE, 2 JULY 2024

Application for approval of the Energy Queensland Union Collective Agreement 2024

Energy Queensland Limited T/A Energy Queensland has applied for approval of an enterprise agreement known as the Energy Queensland Union Collective Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the Agreement.

I note that Clause 10.5 is inconsistent with the National Employment Standards as it does not provide for circumstances relating to stillbirth or miscarriage as required by s 104(1)(c). I am satisfied that this concern is addressed by the Employer’s undertaking.

Subject to the undertakings referred to above, 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.

The following organisations are bargaining representatives for the Agreement:
·     Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU);
·     The Association of Professional Engineers, Scientists and Managers, Australia;
·     Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and
·     Australian Municipal, Administrative, Clerical and Services Union.

Each organisation gave 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 each of the organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 July 2024.

In accordance with Clause 1.3, the nominal expiry date of the Agreement is 29 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Energy Queensland Union Collective Agreement 2024 was brought before the Fair Work Commission. The applicant, Energy Queensland Limited trading as Energy Queensland, sought the Commission's approval for the proposed agreement which was to govern the employment conditions of the unionised workforce represented by the Energy Queensland Union. The dispute centred around the terms of the agreement, specifically whether they met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it complied with the mandatory provisions of the Act, and whether it was in the best interests of the employees. The Commission needed to consider if the agreement addressed key matters such as pay rates, working hours, leave provisions, and dispute resolution mechanisms in a fair and balanced manner. Additionally, the Commission had to assess if the agreement provided for adequate protections and benefits for employees.

The Fair Work Commission, after reviewing the submissions from both parties and considering the provisions of the Fair Work Act, found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, complied with the mandatory provisions of the Act, and was in the best interests of the employees. The Commission noted that the agreement included provisions that addressed key employment matters, provided for adequate protections and benefits, and incorporated mechanisms for resolving disputes. Therefore, the Commission approved the Energy Queensland Union Collective Agreement 2024.

The final order of the Commission was that the Energy Queensland Union Collective Agreement 2024 be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensures that the agreement will govern the employment conditions of the unionised workforce represented by the Energy Queensland Union, providing a framework for fair and balanced terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established