Flinders Operating Services Pty Ltd

[2014] FWCA 8487

FAIR WORK COMMISSION

DECISION

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

Flinders Operating Services Pty Ltd
(AG2014/8167)

FLINDERS OPERATING SERVICES PTY LTD AUGUSTA POWER STATIONS ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 28 NOVEMBER 2014

Application for approval of the Flinders Operating Services Pty Ltd Augusta Power Stations Enterprise Agreement 2014

[1] An application for approval of an enterprise agreement known as the Flinders Operating Services Pty Ltd Augusta Power Stations Enterprise Agreement 2014 (the Agreement) has been made by Flinders Operating Services Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[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 Construction, Forestry, Mining and Energy Union (the CFMEU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the AMWU), the Australian Municipal, Administrative, Clerical and Services Union (the ASU) and the Communications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being bargaining representatives for the Agreement, has each given notice pursuant to s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU, the AMWU, the ASU and the CEPU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 5 December 2014. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Flinders Operating Services Pty Ltd (FOS) to approve the Flinders Operating Services Pty Ltd Augusta Power Stations Enterprise Agreement 2014. The primary dispute arose from objections lodged by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding certain terms of the agreement. The Fair Work Commission heard the application, tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues the court needed to resolve centred on whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the court examined whether the agreement fairly reflected the terms and conditions of employment, whether it was genuinely negotiated, and whether it complied with the procedural requirements outlined in the Act. The CFMEU raised objections on the basis that certain clauses in the agreement were not genuinely negotiated and did not meet the criteria for approval.

In its decision, the court carefully analysed the provisions of the agreement and the objections raised. The court found that the agreement had been genuinely negotiated between the parties and that it contained all the necessary terms and conditions of employment. Furthermore, the court determined that the agreement met all procedural requirements and was fair and reasonable. Consequently, the court approved the Flinders Operating Services Pty Ltd Augusta Power Stations Enterprise Agreement 2014. The objections raised by the CFMEU were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established