DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

IPM Operation & Maintenance Loy Yang Pty Ltd
(AG2015/5976)

LOY YANG B ENTERPRISE AGREEMENT 2015

Electrical power industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 NOVEMBER 2015

Application for approval of the Loy Yang B Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Loy Yang B Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 Construction, Forestry, Mining and Energy Union (CFMEU) and Australian Municipal, Administrative, Clerical and Services Union (ASU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and will operate from 17 November 2015. The nominal expiry date of the Agreement is 30 September 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by IPM Operation & Maintenance Loy Yang Pty Ltd for the approval of the Loy Yang B Enterprise Agreement 2015. The applicant sought the Fair Work Commission's endorsement of the agreement, which outlined the terms and conditions of employment for the workers. The Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was a "good faith" agreement and whether it complied with the procedural requirements for approval. Key aspects included verifying that the agreement was made without coercion, that it contained essential minimum terms, and that it was the product of genuine bargaining efforts. The court also examined whether the agreement met the statutory criteria for approval, including whether it provided for the protection of employees' rights and interests.

The Commission found that the agreement was made in good faith and that it complied with the statutory requirements for approval. The agreement was determined to be the result of genuine bargaining efforts and contained all the essential minimum terms required by law. The Commission concluded that the agreement was fair and appropriate, and it approved the application for the agreement's endorsement. The court's decision was based on a detailed analysis of the bargaining process, the content of the agreement, and the evidence presented by both parties.

The final orders of the Commission included the approval of the Loy Yang B Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it was to apply to the workers covered by the agreement. The Commission's decision provided certainty for both the employer and the employees, as it ensured that the terms and conditions of employment were legally sound and protected the interests of all parties involved.

IPM Operation & Maintenance Loy Yang Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established