Kogan Creek Power Pty Ltd Summary

[2014] FWCA 5548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kogan Creek Power Pty Ltd
(AG2014/1760)

KOGAN CREEK POWER STATION ENTERPRISE AGREEMENT 2014

Electrical power industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 14 AUGUST 2014

Application for approval of the Kogan Creek Power Station Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kogan Creek Power Station Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking concerning the classification of the Maintenance Planner position has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); Construction, Forestry, Mining and Energy Union (CFMEU); 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 each want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 21 August 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Kogan Creek Power Pty Ltd applied to the Fair Work Commission for approval of the Kogan Creek Power Station Enterprise Agreement 2014. The application was brought to determine the appropriateness of the proposed agreement in line with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with reviewing the agreement to ensure it met the necessary standards and did not contain any unfair provisions.

The court had to assess whether the agreement was made in good faith, whether it covered all employees and employers as required, and whether it contained appropriate mechanisms for dispute resolution. Additionally, the court examined whether the agreement included provisions that were consistent with the National Employment Standards and whether it adhered to the process mandated by the Fair Work Act for the development and approval of enterprise agreements.

The Fair Work Commission found that the proposed agreement was made in good faith and contained provisions that were fair and reasonable. The agreement was deemed to cover all relevant employees and employers and included appropriate dispute resolution mechanisms. The court further found that the agreement was consistent with the National Employment Standards and followed the legislative requirements for the approval of enterprise agreements. Consequently, the court approved the agreement as it met all the statutory requirements.

The final orders of the court were that the Kogan Creek Power Station Enterprise Agreement 2014 be approved and registered with the Fair Work Commission. This decision ensures that the agreement will be legally binding and enforceable for the parties involved.

Kogan Creek Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established