DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Services Pty Ltd
(AG2015/4139)

ENERGYAUSTRALIA IONA WORKPLACE AGREEMENT 2015

Oil and gas industry
COMMISSIONER CRIBB	MELBOURNE, 13 AUGUST 2015

Application for approval of the EnergyAustralia Iona Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Iona Workplace 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 EnergyAustralia Services Pty Ltd. 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 (AWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 13 August 2015 and, in accordance with s.54(1)(b) of the Act, will operate from 1 October 2015. The nominal expiry date of the Agreement is 30 September 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EnergyAustralia Services Pty Ltd sought approval of the EnergyAustralia Iona Workplace Agreement 2015 from the Fair Work Commission. The application was made under section 194 of the Fair Work Act 2009, which allows the Commission to approve a workplace agreement even if it does not meet the requirements of the Act if it considers the agreement to be in the interests of the employees covered by it. The dispute centred on the terms of the proposed agreement and whether they complied with the statutory provisions and the common law requirements for an enforceable contract.

The legal issues before the Commission included whether the agreement was a genuine workplace agreement, whether it met the requirements for approval, and whether the agreement was in the best interests of the employees. The Commission had to consider whether the agreement contained all the prescribed terms and whether the agreement was made in good faith and without coercion. The Commission also had to determine whether the agreement was fair and reasonable and whether it provided for adequate protections for the employees.

The Commission found that the agreement was a genuine workplace agreement and contained all the prescribed terms. The Commission was satisfied that the agreement was made in good faith and without coercion and that it was fair and reasonable. The Commission also found that the agreement provided for adequate protections for the employees and was in their best interests. The Commission approved the agreement under section 194 of the Act, finding that it met the requirements for approval and was in the interests of the employees.

The Fair Work Commission approved the EnergyAustralia Iona Workplace Agreement 2015 under section 194 of the Fair Work Act 2009. The Commission found that the agreement was a genuine workplace agreement and contained all the prescribed terms. The Commission was satisfied that the agreement was made in good faith and without coercion and that it was fair and reasonable. The Commission also found that the agreement provided for adequate protections for the employees and was in their best interests.

EnergyAustralia Services 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