Essential Energy Summary

[2014] FWCA 4537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essential Energy
(AG2014/1651)

ESSENTIAL ENERGY ENTERPRISE AGREEMENT 2013

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 JULY 2014

Application for approval of the Essential Energy Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Essential 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, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Municipal, Administrative, Clerical and Services Union - New South Wales Local Government Clerical, Administrative, Energy, Airlines & Utilities Branch (USU), and Association of Professional Engineers, Scientists and Managers, Australia 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 16 July 2014. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Essential Energy to the Fair Work Commission for the approval of the Essential Energy Enterprise Agreement 2013. This case was brought about due to a dispute between the company and its employees regarding the terms and conditions of their employment. The Fair Work Commission was the court that heard the case and made the decision.

The primary legal issue that the court had to decide was whether the proposed agreement was in the interests of the employees. The court had to consider whether the agreement provided adequate protection for employees and whether it met the standards set by the Fair Work Act 2009. The court also had to consider whether the agreement met the requirements for approval under the Fair Work Act.

The Fair Work Commission found that the proposed agreement was in the interests of the employees. The court considered the arguments presented by both parties and found that the agreement provided adequate protection for employees and met the standards set by the Fair Work Act. The court also found that the agreement met the requirements for approval under the Fair Work Act. The court approved the agreement, and it became a legally binding contract between Essential Energy and its employees.

Essential Energy

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established