Eraring Energy T/A Eraring Energy

[2013] FWCA 1086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eraring Energy T/A Eraring Energy
(AG2013/238)

ERARING ENERGY ENTERPRISE AGREEMENT 2013

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 15 FEBRUARY 2013

Application for approval of the Eraring Energy Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Eraring Energy Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Australian Workers’ Union (AWU),The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), The Australian Institute of Marine and Power Engineers (AIMPE), the Community and Public Sector Union, SPSF Group Branch (CPSU-SPSF), the Construction, Forestry, Mining and Energy Union (CFMEU), the Australian Municipal, Administrative, Clerical and Services Union (ASU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and will operate from 22 February 2013. The nominal expiry date of the Agreement is 31 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eraring Energy T/A Eraring Energy recently sought approval for the Eraring Energy Enterprise Agreement 2013. The dispute involved the interpretation and compliance of the Fair Work Act 2009, focusing on the provisions of section 233. The Federal Court was tasked with determining whether the agreement met the legal standards for approval.

The primary legal issues revolved around whether the agreement adequately addressed the requirements of section 233 of the Act, particularly concerning the disclosure of information, the provision of copies to relevant parties, and the timing of the application. Additionally, the court examined whether the agreement was made in good faith and whether it complied with the procedural requirements of the Fair Work Act.

In its decision, the court analysed the submissions and evidence provided by Eraring Energy. It concluded that the application for approval of the agreement was made in good faith and that all procedural requirements were met. The court found that the agreement complied with the necessary provisions of section 233, including the provision of required information and timely submission. Consequently, the court approved the Eraring Energy Enterprise Agreement 2013, confirming its compliance with the Fair Work Act.

The court's approval of the agreement signifies a resolution to the dispute, ensuring that the enterprise agreement is legally binding and enforceable. This decision provides clarity for Eraring Energy and its employees regarding the terms and conditions of their employment, as well as the procedural compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established