DECISION

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

Ergon Energy Corporation Ltd
(AG2014/10751)

EEQ RETAIL ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 22 JANUARY 2015

Application for approval of the EEQ Retail Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the EEQ Retail Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ergon Energy Corporation Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) being 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) of the Act, I note that the Agreement covers the ASU and APESMA.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 January 2015. The nominal expiry date of the Agreement is 1 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ergon Energy Corporation Ltd was the subject of an application for approval of the Enterprise Enterprise Agreement 2014. The matter was heard by the Fair Work Commission. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and whether it should be approved and registered.

The primary legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act 2009 and whether it provided for the lawful termination of employees. The Commission had to determine if the agreement included all the necessary terms and conditions and if it was fair and reasonable. Additionally, the Commission needed to consider whether the agreement was genuinely bargained and not the result of any unfair labour practices.

The Commission examined the provisions of the agreement and found that it contained all the mandatory terms required by the Fair Work Act 2009. The Commission also determined that the agreement was fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The Commission concluded that the agreement was genuinely bargained and not the result of any unfair labour practices. Therefore, the Commission approved the Enterprise Enterprise Agreement 2014 and ordered its registration.

The Commission made an order approving and registering the Enterprise Enterprise Agreement 2014. The agreement was to be binding on all employees and employers covered by the agreement. The decision was made on the basis that the agreement met all the legal requirements for registration and was fair and reasonable.

Ergon Energy Corporation Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established