DECISION

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

Kogan Creek Power Pty Ltd
(AG2020/3538)

KOGAN CREEK POWER STATION ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER SPENCER	BRISBANE, 4 DECEMBER 2020

Application for approval of the Kogan Creek Power Station Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Kogan Creek Power Station Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kogan Creek Power Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[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), Australian Municipal, Administrative, Clerical and Services Union (ASU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2020. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Kogan Creek Power Pty Ltd for the approval of the Kogan Creek Power Station Enterprise Agreement 2020. The primary dispute centred on whether the agreement complied with the statutory requirements of the Fair Work Act 2009, including the need for genuine bargaining and the provisions for minimum entitlements. The Commission was tasked with examining the process through which the agreement was negotiated and whether it provided for the mandated minimum terms and conditions of employment.

The legal issues before the Commission included determining if the agreement had been genuinely bargained for, if it contained all the required minimum terms and conditions, and whether the process that led to the agreement was free from any procedural flaws or coercion. Additionally, the Commission needed to assess if the agreement met the criteria for 'simplification' and 'single-enterprise' agreements, as provided under the Fair Work Act.

The Fair Work Commission, after thorough examination, concluded that the agreement was indeed the product of genuine bargaining. The Commission found that the process was conducted in good faith and without any procedural irregularities or coercion. Furthermore, the agreement was deemed to contain all necessary minimum terms and conditions as stipulated by the Fair Work Act. Consequently, the Commission approved the Kogan Creek Power Station Enterprise Agreement 2020, finding it to be compliant with all statutory requirements.

In light of the findings, the Fair Work Commission approved the Kogan Creek Power Station Enterprise Agreement 2020, effective from the date of the decision. The approval ensures that the agreement now legally governs the employment terms and conditions of the relevant employees.

Kogan Creek Power 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