DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia
(AG2017/3111)

TALLAWARRA WORKPLACE AGREEMENT 2017

Electrical power industry
COMMISSIONER JOHNS	SYDNEY, 10 OCTOBER 2017

Application for approval of the Tallawarra Workplace Agreement 2017.

[1] On 26 July 2017 EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia (Applicant) made an application for approval of the Tallawarra Workplace Agreement 2017 (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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is 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 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 October 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, EnergyAustralia Tallawarra Pty Ltd trading as EnergyAustralia, applied to the Fair Work Commission for approval of the Tallawarra Workplace Agreement 2017. This agreement was entered into between EnergyAustralia and its employees as part of their employment terms. The application arose under the Fair Work Act 2009, where certain agreements are required to be approved by the Fair Work Commission to ensure they meet specific legal standards and do not disadvantage employees.

The primary legal issues before the Commission were whether the terms of the Tallawarra Workplace Agreement 2017 complied with the requirements of the Fair Work Act 2009, particularly concerning the process for its approval and the fairness of its terms. The Commission needed to consider whether the agreement was genuinely negotiated, covered the correct employees, and did not unfairly disadvantage the employees. Additionally, the Commission examined whether the process for seeking approval was followed correctly and whether the agreement met the necessary criteria for approval under the Act.

In making its decision, the Commission reviewed the negotiation process, the content of the agreement, and the application for approval. The Commission determined that the agreement was genuinely negotiated and covered the appropriate employees. Furthermore, the terms of the agreement did not unfairly disadvantage the employees and met the criteria for approval under the Fair Work Act 2009. The Commission approved the Tallawarra Workplace Agreement 2017, finding that it complied with the necessary legal standards and processes.

The final order of the Commission was that the Tallawarra Workplace Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The Commission’s decision provided clarity and legal certainty regarding the terms of employment for the employees covered by the agreement.

EnergyAustralia Tallawarra 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