Flinders Operating Services Pty Ltd Summary

[2014] FWCA 8439

FAIR WORK COMMISSION

DECISION

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

Flinders Operating Services Pty Ltd
(AG2014/8165)

FLINDERS OPERATING SERVICES PTY LTD AUGUSTA POWER STATIONS AND LEIGH CREEK COALFIELD TRADE AND GENERAL SKILLED EMPLOYEES ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	Adelaide, 25 NOVEMBER 2014

[1] An application for approval of an enterprise agreement known as the Flinders Operating Services Pty Ltd Augusta Power Stations and Leigh Creek Coalfield Trade and General Skilled Employees 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) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (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 and the CEPU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 2 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

In the case of Flinders Operating Services Pty Ltd, the applicant sought approval for an enterprise agreement under section 185 of the Fair Work Act 2009. The applicant, Flinders Operating Services Pty Ltd, aimed to have the Flinders Operating Services Pty Ltd Augusta Power Stations and Leigh Creek Coalfield Trade and General Skilled Employees Enterprise Agreement 2014 approved. This application was for a single-enterprise agreement. The agreement in question involves employees who are trade and general skilled workers in the power stations and coalfields operated by the applicant.

The primary legal issue before the court was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for approval under the Act, including whether it was in the best interests of the employees and if it contained terms that were fair and reasonable. The court also needed to consider whether the agreement complied with relevant provisions concerning minimum entitlements and whether it allowed for proper bargaining.

The court examined the terms of the agreement and the process by which it was negotiated. It was found that the agreement did meet the statutory requirements for approval. The court was satisfied that the agreement contained terms that were fair and reasonable, and that the negotiation process had been conducted in good faith. The agreement also provided for minimum entitlements as required by the Act. Consequently, the court approved the application for the agreement to be registered.

The court issued an order approving the Flinders Operating Services Pty Ltd Augusta Power Stations and Leigh Creek Coalfield Trade and General Skilled Employees Enterprise Agreement 2014. The agreement was deemed to be in compliance with the Fair Work Act 2009 and was registered accordingly. This decision facilitated the implementation of the agreed terms between the employer and the employees, providing a clear framework for their employment relationship.

Flinders Operating Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established