Jemena Asset Management Pty Ltd T/A Jemena Summary

[2022] FWCA 2541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jemena Asset Management Pty Ltd T/A Jemena

(AG2022/2356)

Jemena Asset Management Enterprise Agreement (Vic) 2021

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 28 JULY 2022

Application for approval of the Jemena Asset Management Enterprise Agreement (Vic) 2021

An application has been made for approval of an enterprise agreement known as the Jemena Asset Management Enterprise Agreement (Vic) 2021 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Australian Municipal, Administrative, Clerical and Services Union, The Australian Workers’ Union and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have each 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 organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2022. The nominal expiry date of the Agreement is 1 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Jemena Asset Management Pty Ltd, trading as Jemena, applied to the Fair Work Commission for approval of the Jemena Asset Management Enterprise Agreement (Vic) 2021. The agreement aimed to regulate the terms and conditions of employment for certain employees within Jemena's Victoria operations. The application followed a negotiation process that involved representatives from both Jemena and the employees, and it was brought before the Commission to ensure compliance with the Fair Work Act 2009. The legal issues before the Commission involved assessing whether the agreement met the statutory requirements under the Act, including whether it provided for minimum rates of pay, allowed for a proper process of negotiation, and was free from any unfair content that could be detrimental to the employees.

The Fair Work Commission considered several factors in its assessment. It examined whether the agreement provided for minimum rates of remuneration and entitlements that were not less favourable than the applicable awards or registered agreements. The Commission also evaluated the negotiation process, ensuring it was conducted in good faith and that the agreement reflected a genuine bargain between the parties. Furthermore, the Commission assessed whether the agreement contained any provisions that could be considered unfair, as defined by the Act, which would make the agreement unsuitable for approval. The Commission's decision hinged on its interpretation of the statutory requirements and the evidence presented regarding the negotiation process and the content of the agreement.

In reaching its decision, the Commission concluded that the Jemena Asset Management Enterprise Agreement (Vic) 2021 met the necessary criteria for approval. The agreement provided for minimum rates of pay and entitlements that were not less favourable than the relevant awards and registered agreements. The Commission found that the negotiation process was conducted in good faith, and the agreement reflected a genuine bargain between the parties. Additionally, the Commission determined that the agreement did not contain any unfair provisions. Consequently, the Commission approved the agreement, finding it compliant with the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by the agreed-upon provisions, subject to the statutory requirements.

Jemena Asset Management Pty Ltd T/A Jemena

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established