Hydro-Electric Corporation T/A Entura Summary

[2018] FWCA 7531

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hydro-Electric Corporation T/A Entura

(AG2018/3052)

Entura Enterprise Agreement 2018 – 2020

Electrical power industry
Deputy President Masson	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Entura Enterprise Agreement 2018 – 2020.

An application has been made for approval of an enterprise agreement known as the Entura Enterprise Agreement 2018 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hydro-Electric Corporation T/A Entura. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hydro-Electric Corporation, trading as Entura, applied to the Fair Work Commission for approval of the Entura Enterprise Agreement 2018-2020. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who argued that the agreement failed to meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement was a "registered agreement" as defined by the Act.

The key legal issues before the Commission were whether the agreement contained all the prescribed terms required by section 230 of the Fair Work Act and whether it was in the best interests of the employees, having regard to the requirement under section 235(1)(a) of the Act. The Commission noted that the agreement had been negotiated in good faith and that it contained all the necessary prescribed terms. Furthermore, the Commission considered the views of the employees, who had overwhelmingly voted in favour of the agreement.

The Commission found that the agreement was a "registered agreement" and approved it, noting that the CFMEU's concerns did not warrant refusal of registration. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act and was in the best interests of the employees. The Commission emphasised the importance of good faith bargaining and the role of the employees in determining the outcome.

The Commission approved the Entura Enterprise Agreement 2018-2020 as a registered agreement. The CFMEU's objections were dismissed, and the agreement was registered, effective from 1 July 2018. The Commission's decision highlights the importance of ensuring that enterprise agreements meet the requirements of the Fair Work Act and are in the best interests of the employees.

Hydro-Electric Corporation T/A Entura

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established