DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kogan Creek Power Pty Ltd
(AG2017/5468)

KOGAN CREEK POWER STATION ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Kogan Creek Power Station Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kogan Creek Power Station Enterprise Agreement 2017 (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 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 Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kogan Creek Power Pty Ltd, sought approval of the Kogan Creek Power Station Enterprise Agreement 2017. The respondent, the Australian Council of Trade Unions, opposed the application on several grounds, including the impact on existing employees' conditions and the lack of procedural fairness in the agreement's development. The Fair Work Commission, the relevant court, was tasked with determining whether the agreement should be approved.

The central legal issue revolved around whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employees' rights. The respondent argued that the process leading to the agreement's creation was flawed, as it did not adequately involve employees in the negotiation process. Additionally, the respondent contended that the agreement's terms were disadvantageous to existing employees, particularly concerning redundancy provisions.

In considering the arguments, the Commission found that the agreement was procedurally fair, as it was the result of genuine negotiations between the parties. The Commission noted that while there were opportunities for greater employee involvement, the overall process did not fall short of the requirements of procedural fairness. Regarding the substantive terms, the Commission determined that the agreement did not unjustifiably disadvantage existing employees. The Commission found that the agreement provided adequate protection for employees, including appropriate redundancy provisions. As a result, the Commission approved the Kogan Creek Power Station Enterprise Agreement 2017.

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