[2017] FWCA 2028

The attached document replaces the document previously issued with the above code on 11 April 2017.

We have added The Construction, Forestry, Mining and Energy Union in addition to the Australian Municipal, Administrative, Clerical and Services Union as a bargaining representative for the agreement.

Member Assist Team

Dated 11 April 2017

[2017] FWCA 2028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essential Energy
(AG2017/548)

ESSENTIAL ENERGY FAR WEST (ELECTRICITY) ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER ROE	MELBOURNE, 11 APRIL 2017

Application for approval of the Essential Energy Far West (Electricity) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Essential Energy Far West (Electricity) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Essential Energy. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Construction, Forestry, Mining and Energy Union 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) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 11 April 2017 and, in accordance with s.54, will operate from 18 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essential Energy applied for approval of the Essential Energy Far West (Electricity) Enterprise Agreement 2016. The application was made to the Fair Work Commission. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for workers within the Essential Energy Far West region, specifically those outlined in the 2016 Enterprise Agreement.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it facilitated, promoted, or improved the terms and conditions of employment. The Commission had to consider if the agreement provided for fair and reasonable terms of employment, and whether it complied with the good faith bargaining provisions of the Act. Furthermore, the Commission needed to ensure the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It determined that the agreement facilitated, promoted, and improved the terms and conditions of employment by providing for a fair and reasonable level of pay and conditions. The Commission noted that the agreement included provisions for dispute resolution and workplace health and safety, which were in the best interests of the employees. The application for approval was thus upheld, and the agreement was registered under the Act.

The final orders of the Commission were that the Essential Energy Far West (Electricity) Enterprise Agreement 2016 be approved and registered. This decision allowed the agreement to come into effect, thereby providing a legally binding framework for the terms and conditions of employment for the workers within the Essential Energy Far West region.

Essential Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established