DECISION

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

EnergyAustralia NSW Pty Ltd
(AG2015/2796)

ENERGYAUSTRALIA NSW (MOUNT PIPER AND WALLERAWANG OPERATIONS) 2015 EMPLOYEES' ENTERPRISE AGREEMENT

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 3 JUNE 2015

Application for approval of the EnergyAustralia NSW (Mount Piper and Wallerawang Operations) 2015 Employees' Enterprise Agreement.

[1] On 22 May 2015 EnergyAustralia NSW Pty Ltd (Applicant) made an application for approval of the EnergyAustralia NSW (Mount Piper and Wallerawang Operations) 2015 Employees’ Enterprise Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[4] The following organisations, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them;

1. Australian Municipal, Administrative, Clerical and Services Union (t/a United Services Union).
2. Community and Public Sector Union.
3. Construction, Forestry, Mining and Energy Union.
4. Association of Professional Engineers, Scientists and Managers, Australia.
5. The Australian Workers’ Union.
6. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
7. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union.
8. The Australian Institute of Marine and Power Engineers.

In accordance with s 201(2), the Commission notes that the Agreement covers each of these organisations.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 June 2015. The nominal expiry date of the Agreement is 11 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of EnergyAustralia NSW Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and its employees. The dispute centred around the application for the EnergyAustralia NSW (Mount Piper and Wallerawang Operations) 2015 Employees' Enterprise Agreement, which sought to regulate various terms and conditions of employment for workers at the company's Mount Piper and Wallerawang operations. The matter was brought before the Commission by the employer, EnergyAustralia NSW Pty Ltd, seeking formal endorsement of the agreement.

The legal issues before the Commission involved the determination of whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the "better off overall test" (BOOT), ensuring that no employee would be worse off, and that at least one employee would be better off overall. Additionally, the Commission considered whether the agreement adhered to the procedural fairness requirements, including proper consultation and notification processes.

Upon reviewing the evidence and submissions, the Commission found that the agreement satisfied the BOOT and procedural fairness requirements. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that the employer had engaged in genuine consultation with the employees during the agreement's development. Consequently, the Commission approved the EnergyAustralia NSW (Mount Piper and Wallerawang Operations) 2015 Employees' Enterprise Agreement.

As a result of the Commission's decision, the enterprise agreement was approved and came into effect. This outcome provided clarity and certainty for the employer and employees regarding their respective rights and obligations under the agreement, and ensured that the agreement complied with the relevant legislative framework.

EnergyAustralia NSW Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established