Kogan Creek Power Pty Ltd

[2024] FWCA 1443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kogan Creek Power Pty Ltd

(AG2024/1085)

KOGAN CREEK ENERGY FACILITY ENTERPRISE AGREEMENT 2023

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2024

Application for approval of the Kogan Creek Energy Facility Enterprise Agreement 2023

Kogan Creek Power Pty Ltd has made an application for approval of an enterprise agreement known as the Kogan Creek Energy Facility Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Mining and Energy Union (MEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by 201(2), I note that the Agreement covers the MEU, the CEPU, the ASU and APESMA.

The Agreement was approved on 22 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kogan Creek Power Pty Ltd applied to the Fair Work Commission for approval of the Kogan Creek Energy Facility Enterprise Agreement 2023. The agreement was the product of negotiations between Kogan Creek Power and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from the union's assertion that the proposed agreement did not adequately protect employees' rights and conditions. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms and conditions of employment, whether it met the "better off overall test", and whether it complied with the relevant provisions of the Fair Work Act. A central issue was whether the agreement provided for a fair balance between the rights and obligations of employers and employees. The union argued that the proposed agreement did not sufficiently protect employees' rights, while Kogan Creek Power maintained that the agreement was fair and reasonable.

In considering these issues, the Commission examined the provisions of the proposed agreement and the evidence provided by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, met the "better off overall test", and complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement provided for a fair balance between the rights and obligations of employers and employees. Accordingly, the Commission approved the Kogan Creek Energy Facility Enterprise Agreement 2023.

The Commission made an order approving the agreement as a registered agreement under the Fair Work Act. The agreement is now binding on all employees and employers covered by the agreement. The decision provides clarity and certainty for both parties and ensures that the agreement provides fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established