DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epic Energy South Australia Pty Ltd
(AG2020/2515)

EPIC ENERGY SA (EESA) ENTERPRISE AGREEMENT 2020 TO 2022

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 10 SEPTEMBER 2020

Application for approval of the Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Epic Energy South Australia Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 September 2020.

[3] On 9 September 2020 my Chambers corresponded with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 9 September 2020. The undertaking deals with the following topics:

• Clause 44.1 covers disputes arising under the National Employment Standards (NES).

• All accrued personal/carer’s leave may be taken as carer’s leave and Clause 29.3(c) (Permanent Employees Personal Leave Provisions) does not apply.

• Clause 43 (Redundancy) does not allow the employer to not make severance payments without a s.120 order from the Fair Work Commission.

• A shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

• An NES precedence clause has been inserted.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] 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 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Epic Energy South Australia Pty Ltd applied to the Fair Work Commission for approval of the Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022. The application was made under section 232 of the Fair Work Act 2009. The Australian Council of Trade Unions, Electrical Trades Union, and the Australian Services Union intervened in the proceedings.

The central legal issue was whether the enterprise agreement met the requirements of the Fair Work Act. Specifically, the court had to determine whether the agreement complied with the provisions concerning the bargaining of employee entitlements and whether it was made in good faith and without coercion. The court also had to consider whether the agreement provided for a fair and reasonable rate of pay and other terms and conditions of employment.

The Fair Work Commission found that the enterprise agreement met the requirements of the Fair Work Act. The agreement provided for a fair and reasonable rate of pay and other terms and conditions of employment. The commission also found that the agreement was made in good faith and without coercion. Accordingly, the commission approved the enterprise agreement.

The Fair Work Commission approved the Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022. The approval was made under section 232 of the Fair Work Act 2009. The agreement will now apply to the employees covered by it, and the parties are bound by its terms.

Epic Energy South Australia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established