DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gippsland NDT Pty Ltd
(AG2021/5812)

GIPPSLAND NDT AND AMWU LOY YANG A AND LOY YANG B POWER STATIONS - OUTAGE AND PROJECT AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 9 JULY 2021

Application for approval of the Gippsland NDT and AMWU Loy Yang A and Loy Yang B Power Stations - Outage and Project Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland NDT and AMWU Loy Yang A and Loy Yang B Power Stations - Outage and Project Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gippsland NDT Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] I observe that clause 20.5.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Manufacturing Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 16 July 2021. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gippsland NDT Pty Ltd, the applicant, sought approval of a collective agreement with the Australian Manufacturing Workers' Union, concerning the outage and project agreement at the Loy Yang A and Loy Yang B Power Stations for 2020. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements for approval. The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms for employees and whether it complied with the statutory criteria for approval.

The Commission examined the provisions of the proposed agreement, focusing on the terms and conditions of employment, remuneration, and procedural fairness. It was necessary to determine whether the agreement ensured a fair balance between the interests of the employer and the employees. The Commission also had to consider whether the agreement provided for the resolution of disputes and the protection of employees' rights. Furthermore, the Commission assessed whether the agreement was in the best interests of the employees and whether it promoted productive and harmonious workplace relations.

After reviewing the agreement, the Fair Work Commission found that it contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement provided for the resolution of disputes and the protection of employees' rights. The agreement also promoted productive and harmonious workplace relations, which aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the Gippsland NDT and AMWU Loy Yang A and Loy Yang B Power Stations - Outage and Project Agreement 2020. The approval ensures that the terms of the agreement will govern the employment conditions of the employees during the specified period.

Gippsland NDT Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established