DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazelwood Power Corporation Pty Ltd
(AG2015/351)

HAZELWOOD POWER ENTERPRISE AGREEMENT 2015

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 4 MARCH 2015

Application for approval of the Hazelwood Power Enterprise Agreement 2015.

[1] An application has been made under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Hazelwood Power Enterprise Agreement 2015 (the Agreement). The application has been made by Hazelwood Power Corporation Pty Ltd (Hazelwood Power). The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Steve Harkins of Hazelwood Power on 23 February 2015.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Wednesday, 4 March 2015. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[4] The following employee organisations have given notice under s 183 of the Act that each wants to be covered by the Agreement:

The Association of Professional Engineers, Scientists and Managers, Australia;

The Australian Municipal, Administrative, Clerical and Services Union;

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union;

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and,

The Construction, Forestry, Mining and Energy Union.

[5] In accordance with s 201(2), I note that the Agreement covers these organisations.

[6] 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.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hazelwood Power Corporation Pty Ltd, sought approval of the Hazelwood Power Enterprise Agreement 2015. The agreement, which aimed to regulate the terms and conditions of employment for its employees, was disputed by the Australian Council of Trade Unions, which represented the employees. The Fair Work Commission, as the relevant tribunal, was tasked with deciding whether to approve the agreement under the Fair Work Act 2009. The primary legal issue before the court was whether the agreement met the criteria for approval as set out in the Act, specifically focusing on whether the agreement provided for fair and reasonable terms and conditions of employment.

The court examined the agreement's provisions, particularly those related to wages, hours of work, and other employment conditions. The applicant argued that the agreement was fair and reasonable, providing for adequate protections and benefits for the employees. The union, on the other hand, contended that certain terms were not fair and reasonable, as they did not adequately protect the employees' interests. The court considered the overall balance of the agreement, including its fairness in terms of wages and conditions, and the process by which the agreement was made. It also took into account the views of both parties and any relevant industry standards.

In its decision, the court found that the agreement contained terms that were fair and reasonable, providing for adequate protections and benefits for the employees. The court considered that the agreement met the requirements for approval under the Act, despite some concerns raised by the union. It concluded that the overall balance of the agreement was fair and that it provided for reasonable terms and conditions of employment. Therefore, the court approved the Hazelwood Power Enterprise Agreement 2015, allowing it to come into effect as a registered agreement. The union's application to set aside the approval was dismissed, as the court was satisfied that the agreement was fair and reasonable, and met the criteria for approval.

Hazelwood Power Corporation 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