DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Services Pty Ltd T/A EnergyAustralia
(AG2019/3845)

ENERGYAUSTRALIA RETAIL CALL CENTRE ENTERPRISE AGREEMENT 2019

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the EnergyAustralia Retail Call Centre Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Retail Call Centre Enterprise Agreement 2019 (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 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 30 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EnergyAustralia Services Pty Ltd, trading as EnergyAustralia, applied to the Fair Work Commission for approval of the EnergyAustralia Retail Call Centre Enterprise Agreement 2019. The application was made under section 232 of the Fair Work Act 2009, which mandates that a certified agreement must be approved by the Commission before it can be registered. The application was opposed by the Australian Manufacturing Workers' Union and the United Voice union.

The central issue before the Fair Work Commission was whether the proposed enterprise agreement met the statutory requirements under section 230 of the Fair Work Act. This required the Commission to consider whether the agreement provided for a fair and efficient system of determining wages and other conditions of employment, and whether it contained any unfair provisions. The Commission also needed to consider whether the agreement had been made in good faith and whether the appropriate bargaining representatives had been involved in the negotiations.

In determining the application, the Fair Work Commission examined the terms of the proposed agreement, the bargaining process, and the views of the parties involved. The Commission found that the agreement provided for a fair and efficient system of determining wages and other conditions of employment, and that it did not contain any unfair provisions. The Commission also found that the agreement had been made in good faith and that the appropriate bargaining representatives had been involved in the negotiations. Consequently, the Fair Work Commission approved the application and certified the agreement.

The final orders of the Fair Work Commission were that the EnergyAustralia Retail Call Centre Enterprise Agreement 2019 be approved and registered under section 232 of the Fair Work Act. The agreement was to be registered from the date of the Commission's decision and was to be in effect from 1 July 2019. The Fair Work Commission also ordered that the agreement be published on its website and made available to the public.

EnergyAustralia Services 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