DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jemena Asset Management Pty Ltd T/A Jemena
(AG2018/7365)

JEMENA ASSET MANAGEMENT ENTERPRISE AGREEMENT (VIC) 2018

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Jemena Asset Management Enterprise Agreement (VIC) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Jemena Asset Management Enterprise Agreement (VIC) 2018 (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 T/A Jemena. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 12 February 2019 and, in accordance with s.54, will operate from 19 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Jemena Asset Management Pty Ltd trading as Jemena and the Australian Council of Trade Unions, representing various employees of Jemena. The dispute was brought before the Fair Work Commission, where Jemena sought approval of an enterprise agreement that it had negotiated with the unions. The agreement, titled the Jemena Asset Management Enterprise Agreement (VIC) 2018, aimed to govern the terms and conditions of employment for the employees involved.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the process of its negotiation and whether it contained all the mandatory terms prescribed by the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and if it provided for a fair and reasonable outcome for all parties involved.

In delivering its decision, the Commission carefully examined the negotiation process and found it to be procedurally sound, with both parties demonstrating a genuine attempt to reach an agreement. The Commission also assessed the terms of the agreement against the mandatory provisions of the Act and concluded that the agreement complied with all necessary requirements. Furthermore, the Commission determined that the agreement provided a fair and reasonable outcome for the employees, taking into account the interests of both parties. Consequently, the Commission approved the Jemena Asset Management Enterprise Agreement (VIC) 2018.

The Fair Work Commission approved the Jemena Asset Management Enterprise Agreement (VIC) 2018, finding that it complied with the statutory requirements and was in the best interests of the employees. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the agreed-upon provisions.

Jemena Asset Management Pty Ltd T/A Jemena

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established