DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Energy Safe Victoria
(AG2016/1024)

ENERGY SAFE VICTORIA ENTERPRISE AGREEMENT 2015

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 25 MAY 2016

Application for approval of the Energy Safe Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Energy Safe Victoria Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Energy Safe Victoria. 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.

[3] The Australian Workers’ Union, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Energy Safe Victoria applied for approval of the Enterprise Agreement 2015, which was negotiated between itself and the relevant union. The union contended that the agreement was not fair and reasonable and sought amendments to address perceived inequities. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement was fair and reasonable, given the union's objections. The Commission considered whether the agreement complied with the relevant statutory criteria, including fairness and reasonableness, and if any necessary amendments would achieve fairness and reasonableness.

After reviewing the evidence and submissions, the Commission found that the agreement was generally fair and reasonable. However, the Commission made minor amendments to address the union's concerns, particularly regarding pay equity and classification issues. The Commission held that the amended agreement met the statutory criteria for approval.

Accordingly, the Fair Work Commission approved the amended Enterprise Agreement 2015, subject to the specified changes. The Commission's decision provided clarity on the application of the statutory criteria in this context and addressed the union's concerns about the original agreement.

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