Hydro-Electric Corporation T/A Entura

[2014] FWCA 459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro-Electric Corporation T/A Entura
(AG2013/10218)

ENTURA ENTERPRISE AGREEMENT - 2013 - 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2014

Application for approval of the Entura Enterprise Agreement - 2013-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Entura Enterprise Agreement - 2013-2015 (the Agreement). The application was made by Hydro-Electric Corporation T/A Entura (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Hydro-Electric Corporation, trading as Entura, for the approval of the Entura Enterprise Agreement covering the period 2013 to 2015. The application was made under the relevant industrial relations legislation, seeking to have the agreement recognised and enforced. The legal issues before the court centred on whether the agreement met the necessary criteria for approval, including whether it was made in good faith and without coercion, and whether it complied with the relevant statutory provisions.

The court examined the process through which the agreement was formed, including the negotiations between the employer and the employee representatives. It considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adequately protected the interests of both parties. The court also assessed whether the agreement contained all the mandatory terms required by the legislation. The Hydro-Electric Corporation argued that the agreement was fair, reasonable, and made in good faith, while the opposing party raised concerns about certain provisions.

After careful consideration of the arguments and evidence presented, the court found that the Entura Enterprise Agreement was valid and should be approved. The court was satisfied that the agreement was made in good faith, without coercion, and contained all the mandatory terms required by the legislation. The court held that the agreement provided for fair and reasonable terms and conditions of employment, and adequately protected the interests of both parties. The court further found that the process through which the agreement was formed was appropriate and in compliance with the relevant statutory provisions.

The court granted the application and approved the Entura Enterprise Agreement for the period 2013 to 2015. The agreement was to be recognised and enforced as a binding contract between the Hydro-Electric Corporation and the employee representatives. The court's decision provided clarity and certainty for both parties, ensuring that the agreement would govern their industrial relations for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established