DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epic Energy South Australia Pty Ltd
(AG2017/954)

EPIC ENERGY SA (EESA) ENTERPRISE AGREEMENT 2017 TO 2019

Oil and gas industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 APRIL 2017

Application for approval of the Epic Energy SA (EESA) Enterprise Agreement 2017 to 2019.

[1] An application has been made for approval of an enterprise agreement known as the Epic Energy SA (EESA) Enterprise Agreement 2017 to 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epic Energy South Australia. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 April 2017 and, in accordance with s.54, will operate from 27 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Epic Energy South Australia Pty Ltd involved a dispute over the approval of the Epic Energy SA (EESA) Enterprise Agreement 2017 to 2019. The primary issue was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application for approval was brought by the company, while the relevant unions argued against it, claiming the agreement did not adequately address certain employee rights and conditions.

The central legal issues the Commission had to address were whether the agreement provided fair and reasonable terms and conditions for employees, and whether it was made in good faith. The unions contended that the agreement did not sufficiently protect employees' entitlements and contained clauses that could be detrimental to the workforce. Conversely, the company argued that the agreement was fair and had been negotiated in good faith.

The Commission, after reviewing the arguments and evidence presented by both parties, concluded that the agreement was fair and reasonable and had been made in good faith. The Commission found that the agreement addressed the essential terms and conditions of employment and provided adequate protections for employees. The unions' concerns were largely addressed through the agreement's provisions, and no significant detriment to the workforce was identified.

The final orders included the approval of the Epic Energy SA (EESA) Enterprise Agreement 2017 to 2019, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act 2009. The agreement was thus approved, allowing it to take effect as a binding enterprise agreement.

Epic Energy South Australia 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