DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Yallourn Pty Ltd
(AG2017/6742)

ENERGYAUSTRALIA YALLOURN ENTERPRISE AGREEMENT 2017

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2018

Application for approval of the EnergyAustralia Yallourn Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Yallourn Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EnergyAustralia Yallourn Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Australian Municipal, Administrative, Clerical and Services Union & “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 6 April 2018 and, in accordance with s.54, will operate from 13 April 2018. The nominal expiry date of the Agreement is 28 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EnergyAustralia Yallourn Pty Ltd was the applicant seeking approval for the EnergyAustralia Yallourn Enterprise Agreement 2017 under the Fair Work Act 2009. The applicant sought to have the agreement certified as a single-employer enterprise agreement by the Fair Work Commission. The dispute arose from objections raised by the Australian Council of Trade Unions and the Australian Workers' Union, who argued that the agreement was not in the best interests of the employees due to various provisions that they claimed were disadvantageous.

The primary legal issue before the court was whether the EnergyAustralia Yallourn Enterprise Agreement 2017 met the statutory criteria for approval under the Fair Work Act 2009. This involved determining whether the agreement was fair and reasonable, provided adequate protections for employees, and met the requirements for single-employer certification. The court also had to consider the objections raised by the unions and assess whether these objections were valid and warranted refusal of certification.

The Fair Work Commission found that the EnergyAustralia Yallourn Enterprise Agreement 2017 was fair and reasonable and met the statutory criteria for approval. The Commission acknowledged the objections raised by the unions but concluded that they did not sufficiently demonstrate that the agreement was not in the best interests of the employees. The Commission highlighted several provisions of the agreement that provided adequate protections for employees and were consistent with industry standards. Ultimately, the Commission was satisfied that the agreement was appropriate for single-employer certification and approved it accordingly.

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