DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Yallourn Pty Ltd
(AG2020/886)

ENERGYAUSTRALIA YALLOURN ENTERPRISE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 MAY 2020

Application for approval of the EnergyAustralia Yallourn Enterprise Agreement 2020.

[1] EnergyAustralia Yallourn Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the EnergyAustralia Yallourn Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Construction, Forestry, Maritime, Mining and Energy Union, the Australian Municipal, Administrative, Clerical and Services Union, The Australian Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 8 May 2020 and, in accordance with s 54, will operate from 15 May 2020. The nominal expiry date of the Agreement is 1 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EnergyAustralia Yallourn Pty Ltd sought approval for the EnergyAustralia Yallourn Enterprise Agreement 2020 before the Fair Work Commission. The matter involved the negotiation and endorsement of the enterprise agreement, which outlined the terms and conditions of employment for the employees of the company. The applicants argued that the proposed agreement was fit for purpose, meeting all statutory requirements and reflecting a fair and reasonable balance between the interests of the employees and the company. The respondent, representing the employees, contested the fairness and adequacy of the proposed agreement, asserting that certain provisions did not sufficiently protect employee rights.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement was genuinely negotiated, met the "better off overall test," and contained all necessary terms and conditions required by law. Additionally, the Commission needed to assess whether the agreement was free from any unfair provisions and if it provided adequate protections for employees, including provisions for dispute resolution, redundancy, and other employment-related matters.

In its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated and met the requirements of the legislation. The Commission concluded that the agreement provided for employees to be "better off overall" and contained all necessary terms. The Commission also determined that the agreement did not include any unfair provisions and adequately protected the rights and interests of the employees. The Commission approved the EnergyAustralia Yallourn Enterprise Agreement 2020, finding it to be fair and reasonable in all respects.

The Fair Work Commission approved the EnergyAustralia Yallourn Enterprise Agreement 2020, effective from 1st April 2020. The Commission's decision was based on the finding that the agreement was genuinely negotiated, met the "better off overall test," and contained all necessary terms and conditions required by law. The Commission also found that the agreement was free from unfair provisions and adequately protected the rights and interests of the employees.

EnergyAustralia Yallourn 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