Hydro Australia

[2013] FWCA 2768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro Australia
(AG2013/892)

HYDRO AUSTRALIA ANGLESEA SHUTDOWN AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 MAY 2013

Application for approval of the Hydro Australia Anglesea Shutdown Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hydro Australia Anglesea Shutdown Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hydro Australia. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 May 2013. The nominal expiry date of the Agreement is 30 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hydro Australia made an application for the approval of the Hydro Australia Anglesea Shutdown Agreement 2013. The application was opposed by the Maritime Union of Australia (MUA). The case was heard in the Federal Circuit Court of Australia. The agreement in question related to the closure of the Hydro Australia Anglesea Power Station, and the terms of the redundancy, including the financial entitlements, of the employees affected by the closure. The primary legal issue before the court was whether the proposed agreement was fair and appropriate, and whether it complied with the relevant legislative provisions under the Fair Work Act 2009. The court had to consider whether the agreement adequately balanced the rights and interests of the employer and the employees, particularly in relation to the redundancy provisions.

The court examined the terms of the agreement in detail, focusing on the redundancy provisions, the calculation of entitlements, and the process by which the agreement was negotiated. The court noted that the agreement provided for a comprehensive redundancy package that was generally consistent with industry standards. The court also highlighted that the process of negotiation was thorough and involved multiple meetings between the parties. The MUA argued that the agreement did not adequately protect the employees' interests, particularly in relation to the calculation of redundancy entitlements. However, the court found that the agreement was fair and appropriate, as it provided a reasonable balance between the interests of the employer and the employees. The court also found that the agreement complied with the relevant legislative provisions.

The court approved the Hydro Australia Anglesea Shutdown Agreement 2013, finding it to be fair and appropriate. The court found that the agreement provided a reasonable balance between the interests of the employer and the employees and complied with the relevant legislative provisions. The court dismissed the opposition to the application by the MUA.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established