DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia NSW Pty Ltd T/A EnergyAustralia
(AG2019/146)

ENERGYAUSTRALIA NSW (MOUNT PIPER OPERATIONS) 2019 EMPLOYEES’ ENTERPRISE AGREEMENT

Electrical power industry
COMMISSIONER BISSETT	MELBOURNE, 6 MARCH 2019

Application for approval of the EnergyAustralia NSW (Mount Piper Operations) 2019 Employees' Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia NSW (Mount Piper Operations) 2019 Employees’ Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EnergyAustralia NSW Pty Ltd T/A EnergyAustralia. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Australian Institute of Marine and Power Engineers, the Association of Professional Engineers, Scientists and Managers, Australia, the Community and Public Sector Union, the Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Maritime, Mining and Energy Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EnergyAustralia NSW Pty Ltd, trading as EnergyAustralia, sought approval for the EnergyAustralia NSW (Mount Piper Operations) 2019 Employees' Enterprise Agreement (EEA). The applicant aimed to have the agreement recognised as a registered EEA under the Fair Work Act 2009. The matter was brought before the Fair Work Commission (FWC) for consideration. The primary issue before the FWC was whether the proposed EEA met the legal requirements for registration, including whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Regulations 2012. The FWC needed to determine if the EEA was made in good faith, if it adhered to the relevant industrial instruments, and if it provided adequate protections for employees.

The FWC carefully examined the proposed EEA, considering the submissions from both EnergyAustralia and the relevant unions. The Commission assessed whether the EEA provided for a fair and reasonable outcome for all parties involved, including the employees. It looked at whether the EEA contained terms and conditions that were consistent with the principles of the Fair Work Act and did not undermine any statutory entitlements or protections. After thorough consideration, the FWC found that the EEA complied with all necessary legal requirements and was made in good faith. It concluded that the agreement provided appropriate protections for the employees and did not undermine any statutory entitlements. Consequently, the FWC approved the registration of the EEA.

The final orders of the FWC were that the EnergyAustralia NSW (Mount Piper Operations) 2019 Employees' Enterprise Agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This decision provided clarity and certainty regarding the terms and conditions of employment for the employees covered by the EEA, ensuring that the agreement was legally compliant and fair.

EnergyAustralia NSW 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