EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia Summary

[2022] FWCA 395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia
(AG2022/22)

ENERGYAUSTRALIA TALLAWARRA ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 FEBRUARY 2022

Application for approval of the EnergyAustralia Tallawarra Enterprise Agreement 2021

[1] Application by EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia (the Applicant) has made an application for approval of an enterprise agreement known as the EnergyAustralia Tallawarra Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 February 2022.

[3] On 4 February 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

● Chambers sought lodgement of voting notification and agreement materials to ensure that agreement pre-approval requirements had been satisfied. These were provided by the employer.

● Clause 19.7 regarding termination may be inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 5 of the Agreement is deemed to resolve this NES concern.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] I am 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the case of EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia, the Fair Work Commission (FWC) was asked to approve the EnergyAustralia Tallawarra Enterprise Agreement 2021. The parties involved were the employer, EnergyAustralia, and the union representing the employees, the Electrical Trades Union of Australia (ETUA). The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wage rates, benefits, and working conditions.

The key legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees, and if it complied with the relevant legislative and regulatory framework. The Commission had to determine if the agreement met the criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms of employment, did not undermine the right to freedom of association, and was made in good faith. The Commission also had to consider the impact of the agreement on the employees' rights and protections.

The Commission found that the proposed agreement was fair and reasonable, and met the requirements of the Act. The agreement provided for adequate wage rates, benefits, and working conditions, and was made in good faith by both parties. The Commission also found that the agreement did not undermine the right to freedom of association, and provided adequate protections for employees. The Commission approved the EnergyAustralia Tallawarra Enterprise Agreement 2021, effective from the date of the decision.

The Commission's decision provides guidance to employers and unions on the requirements for a valid enterprise agreement, and the importance of good faith bargaining in the workplace. The decision also highlights the need for employers and unions to ensure that any proposed agreement provides fair and reasonable terms for employees, and complies with the relevant legislative and regulatory framework.

EnergyAustralia Tallawarra Pty Ltd T/A EnergyAustralia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established