DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jemena Asset Management Pty Ltd
(AG2016/7941)

JEMENA ASSET MANAGEMENT - ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2017

Application for approval of the Jemena Asset Management - ETU Victorian Electricity Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Jemena Asset Management - ETU Victorian Electricity Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jemena Asset Management Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jemena Asset Management Pty Ltd was the applicant seeking approval of the Jemena Asset Management - ETU Victorian Electricity Enterprise Agreement 2016, which was to be made an approved agreement under section 186 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission by Deputy President M.J. McInerney. The application was opposed by the Australian Education Union, the Australian Manufacturing Workers Union and the Electrical Trades Union.

The primary issue before the court was whether the application for approval should be granted. The court had to consider whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement contained all the mandatory terms and conditions as specified in the Act, and if the agreement was negotiated in good faith. The court also needed to consider if the agreement provided for proper dispute resolution mechanisms.

The court examined the evidence provided by the parties and found that the agreement contained all the mandatory terms and conditions as required by the Fair Work Act. The court concluded that the agreement was negotiated in good faith, and that the parties had made a genuine attempt to reach an agreement. The court also found that the agreement provided for proper dispute resolution mechanisms, including the establishment of a dispute resolution committee. The court was satisfied that the agreement met all the requirements for approval under the Fair Work Act.

The court approved the Jemena Asset Management - ETU Victorian Electricity Enterprise Agreement 2016 as an approved agreement. The court noted that the agreement provided for a fair and reasonable outcome for all parties, and that it would promote harmonious, productive and cooperative workplace relations. The court considered that the agreement was in the best interests of the employees covered by the agreement.

Jemena Asset Management 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