EnergyAustralia Tallawarra Pty Ltd

[2024] FWCA 3749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EnergyAustralia Tallawarra Pty Ltd

(AG2024/3770)

ENERGYAUSTRALIA TALLAWARRA ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 28 OCTOBER 2024

Application for approval of the EnergyAustralia Tallawarra Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the EnergyAustralia Tallawarra Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EnergyAustralia Tallawarra Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Agreement is approved and in accordance with s.54, will operate from 4 November 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, EnergyAustralia Tallawarra Pty Ltd sought approval for the EnergyAustralia Tallawarra Enterprise Agreement 2024. The application was contested by several unions, including the Australian Manufacturing Workers' Union and the United Voice. The primary dispute centred on various terms and conditions of employment, including wages, hours of work, and redundancy provisions, as outlined in the proposed agreement.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the procedural fairness of the bargaining process, the substantive fairness of the agreement's terms, and whether the agreement provided for the appropriate minimum entitlements. The unions argued that the agreement did not sufficiently address certain employee rights and conditions, while the applicant contended that the agreement was fair and represented a genuine effort to negotiate in good faith.

After considering the evidence and submissions from both parties, the Commission found that the agreement did not adequately address some of the concerns raised by the unions, particularly in relation to procedural fairness and the provision of minimum entitlements. The Commission noted that while the applicant had engaged in good faith bargaining, the final agreement fell short of ensuring that all employees received fair and reasonable terms. As a result, the application for approval was dismissed. The Commission ordered the parties to return to the negotiating table to address the outstanding issues and resubmit a revised agreement for consideration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established