DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Energy Safe Victoria
(AG2019/3808)

ENERGY SAFE VICTORIA ENTERPRISE AGREEMENT 2019

State and Territory government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 OCTOBER 2019

Application for approval of the Energy Safe Victoria Enterprise Agreement 2019.

[1] Energy Safe Victoria has made an application for approval of an enterprise agreement known as the Energy Safe Victoria Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Workers’ Union, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 16 October 2019 and, in accordance with s 54, will operate from 23 October 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Energy Safe Victoria, the applicant sought approval of the Energy Safe Victoria Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The agreement in question was proposed to govern the employment terms and conditions of the applicant's employees.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement was a "single-enterprise agreement" as defined by the Act and whether it contained all the required minimum terms and conditions. Additionally, the Commission assessed whether the agreement was procedurally sound, including whether proper consultation and negotiation processes were followed.

The Fair Work Commission found that the agreement did indeed meet all statutory requirements. It was a bona fide single-enterprise agreement that contained all the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the agreement had been developed through a process that adhered to the procedural fairness requirements. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Energy Safe Victoria Enterprise Agreement 2019.

Energy Safe Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established