DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia
(AG2015/2448)

ENERGYAUSTRALIA HALLETT WORKPLACE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 29 APRIL 2015

[1] An application for approval of an enterprise agreement known as the EnergyAustralia Hallett Workplace Agreement 2015 (the Agreement) has been made by EnergyAustralia Hallett Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 6 May 2015. The nominal expiry date of the Agreement is 28 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, EnergyAustralia Hallett Pty Ltd, sought approval for a proposed enterprise agreement known as the EnergyAustralia Hallett Workplace Agreement 2015. The application was lodged under section 185 of the Fair Work Act 2009. The Fair Work Commission, tasked with considering the application, needed to determine if the proposed agreement complied with the statutory requirements and if it was in the interests of the employees.

The central legal issue was whether the agreement met the standards set forth by the Fair Work Act, including whether it provided for minimum terms and conditions of employment, and whether it was made in good faith. Additionally, the Commission had to assess if the agreement was fair and reasonable, and if it appropriately balanced the interests of both the employer and the employees.

In considering the application, the Commission examined the agreement clause by clause, assessing its compliance with the statutory requirements. The Commission found that the agreement generally adhered to the minimum terms and conditions stipulated by the Fair Work Act and was made in good faith. The Commission also 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 proposed agreement.

EnergyAustralia Hallett 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