DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Geelong Pty Ltd T/A EnergyAustralia
(AG2021/4525)

ENERGYAUSTRALIA GEELONG ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 APRIL 2021

Application for approval of the EnergyAustralia Geelong Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Geelong Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EnergyAustralia Geelong 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] 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.

[4] The Agreement was approved on 16 April 2021 and, in accordance with s.54, will operate from 23 April 2021. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

EnergyAustralia Geelong Pty Ltd applied to the Fair Work Commission for approval of the EnergyAustralia Geelong Enterprise Agreement 2020. The application arose from a dispute between EnergyAustralia and the relevant union representatives over the terms and conditions of employment for certain employees. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The key issues before the Commission were whether the agreement was made in good faith, whether it contained the necessary minimum terms, and if it complied with the procedural requirements stipulated in the Act.

The Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith. It considered whether the agreement contained all the minimum terms required by the Fair Work Act and whether it met the procedural standards, including the provision of necessary documents and information to the union. The Commission also evaluated whether the agreement provided for a proper balance between the interests of the employer and the employees, particularly focusing on any potential detriment to employees who were not party to the agreement. Ultimately, the Commission found that the agreement was made in good faith, contained all necessary minimum terms, and complied with the procedural requirements. The Commission approved the agreement, recognising its fairness and balance.

In reaching its decision, the Commission noted the importance of maintaining a fair and efficient bargaining process and ensuring that all parties' rights and interests were adequately protected. It highlighted the need for transparency and good faith in the negotiation process and the importance of providing comprehensive information to union representatives. The Commission concluded that the agreement met all statutory requirements and was in the best interests of both the employer and the employees. The final orders included the approval of the EnergyAustralia Geelong Enterprise Agreement 2020, effective from the date of the Commission's decision.

EnergyAustralia Geelong 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