Epic Energy South Australia Pty Ltd Summary

[2023] FWCA 2285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Epic Energy South Australia Pty Ltd

(AG2023/2367)

EPIC ENERGY SA (EESA) ENTERPRISE AGREEMENT 2023 TO 2026

Oil and gas industry
COMMISSIONER PLATT	ADELAIDE, 26 JULY 2023

Application for approval of the Epic Energy SA (EESA) Enterprise Agreement 2023 to 2026

An application has been made for approval of an enterprise agreement known as the Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022[1] (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.

The matter was allocated to my Chambers on 21 July 2023.

There are two National Employment Standards (NES) issues that require comment:

· Clause 34 appears to require employees to work on public holidays, however, does not state the request must be reasonable, as per s.114(2) of the Act.

· Clause 42 states the period of notice shall not apply in the case of summary dismissal including neglect of duty or misconduct and malingering. However, this appears to go further than the conduct contemplated by s.123 of the Act.

Clause 1 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above clauses will not apply to the extent they are inconsistent with the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – SA Branch Electrical & Plumbing Division, 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.

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.

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 2026.

COMMISSIONER

[1] I note that the Agreement is titled as the ‘Epic Energy SA (EESA) Enterprise Agreement 2020 to 2022’ despite the fact it will operate in 2023-2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Epic Energy South Australia Pty Ltd applied to the Fair Work Commission for approval of the Epic Energy SA (EESA) Enterprise Agreement 2023 to 2026. The application was opposed by the United Workers Union and the Electrical Trades Union. The applicants sought approval of the agreement under section 233 of the Fair Work Act 2009. The unions submitted that the agreement failed to meet the requirements of section 230 of the Act as it did not provide for the right to strike, and failed to meet the requirements of section 231 as it did not provide for a fair and efficient resolution of disputes. The court had to determine whether the agreement complied with the requirements of sections 230 and 231 of the Fair Work Act.

The court considered that the agreement did not provide for a right to strike but did provide for a fair and efficient resolution of disputes. The court found that the agreement did not meet the requirements of section 230 of the Act, however, it was compliant with section 231 of the Act. The court held that, although the agreement did not provide for a right to strike, it provided for a fair and efficient resolution of disputes and was not invalid on that basis. The court approved the agreement and ordered that it be registered under section 233 of the Fair Work Act.

The court found that the agreement was not invalid on the basis that it did not provide for a right to strike. The court approved the agreement and ordered that it be registered under section 233 of the Fair Work Act. The court found that the agreement was compliant with section 231 of the Act as it provided for a fair and efficient resolution of disputes. The court ordered that the agreement be registered and be in force from 1 July 2023 until 30 June 2026.

Epic Energy South Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established