IPM Operation & Maintenance Loy Yang Pty Ltd Summary

[2013] FWCA 2915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IPM Operation & Maintenance Loy Yang Pty Ltd
(AG2013/6258)

LOY YANG B ENTERPRISE AGREEMENT 2013

Electrical power industry
COMMISSIONER BISSETT	MELBOURNE, 9 MAY 2013

Application for approval of the Loy Yang B Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Loy Yang B Enterprise Agreement 2013 (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] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU), and the Construction, Forestry, Mining and Energy Union (CFMEU), 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 16 May 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, IPM Operation & Maintenance Loy Yang Pty Ltd, applied for approval of the Loy Yang B Enterprise Agreement 2013. The respondent, United Voice, represented the employees, and opposed the application on several grounds. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues the commission had to resolve were whether the agreement contained all the necessary minimum terms and conditions, and if the agreement had been genuinely negotiated and not imposed on the employees. The applicant argued that the agreement was a fair and reasonable outcome of negotiations and met all statutory requirements. The respondent contended that the agreement failed to include certain minimum entitlements and that the process of negotiation was flawed.

The commission found that the agreement was indeed genuinely negotiated and contained all necessary minimum terms and conditions. It dismissed the respondent's claims regarding the negotiation process and the omission of specific entitlements. The commission was satisfied that the agreement was fair and reasonable and met the requirements for approval.

Consequently, the commission approved the Loy Yang B Enterprise Agreement 2013. The agreement was registered and came into effect from the date of the decision. The respondent's objections were rejected, and the applicant's application was successful.

IPM Operation & Maintenance Loy Yang Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established