Hazelwood Power Corporation Pty Ltd

[2013] FWCA 311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazelwood Power Corporation Pty Ltd
(AG2012/14478)

HAZELWOOD POWER ENTERPRISE AGREEMENT 2012

Electrical power industry
COMMISSIONER BISSETT	MELBOURNE, 15 JANUARY 2013

Application for approval of the Hazelwood Power Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Hazelwood Power Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union, the Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 22 January 2013. The nominal expiry date of the Agreement is 31 December 2014.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Hazelwood Power Corporation Pty Ltd, and the dispute centred on the approval of the Hazelwood Power Enterprise Agreement 2012. The company sought the Commission's approval of the agreement, which was the subject of negotiations between the employer and the employees represented by the relevant unions. The Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement satisfied the requirements for approval under the Fair Work Act, particularly sections 234 and 235. These sections mandate that the agreement must be in writing, free from prohibited content, and made in good faith. The Commission also had to consider whether the agreement provided for the fair and efficient determination of employees' terms and conditions of employment and whether it complied with the good faith bargaining obligations.

In reaching its decision, the Commission examined the provisions of the agreement and the process by which it was negotiated. It assessed whether the agreement met the standards of good faith bargaining and whether it provided for the fair and efficient determination of employees' terms and conditions. The Commission found that the agreement was comprehensive, included all necessary provisions, and was made in good faith. It was concluded that the agreement complied with the statutory requirements and thus was approved.

The Fair Work Commission approved the Hazelwood Power Enterprise Agreement 2012, finding it to be compliant with the relevant provisions of the Fair Work Act. This decision ensured that the agreement would be effective in governing the employment terms and conditions of the employees represented by the unions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established