Loy Yang B Operations & Maintenance Pty Ltd

[2022] FWCA 3174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Loy Yang B Operations & Maintenance Pty Ltd

(AG2022/3554)

Loy Yang B Enterprise Agreement 2022

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 13 SEPTEMBER 2022

Application for approval of the Loy Yang B Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Loy Yang B Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loy Yang B Operations & Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and Services Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 20 September 2022. The nominal expiry date of the Agreement is 1 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Loy Yang B Operations & Maintenance Pty Ltd, who sought approval of the Loy Yang B Enterprise Agreement 2022. The application was made before the Fair Work Commission, which is responsible for resolving workplace disputes and ensuring fair work practices. The dispute centred on the terms and conditions of the proposed enterprise agreement and whether it met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandatory terms prescribed by the Fair Work Act, including provisions for minimum wages, penalty rates, leave entitlements, and other employment standards. Additionally, the Commission had to consider whether the agreement provided for the proper negotiation process and if it was in the best interests of the employees. The Commission examined the submissions from both the applicant and the relevant unions to determine if the agreement complied with the statutory requirements and if it provided fair and reasonable terms for the employees.

In its decision, the Fair Work Commission determined that the proposed agreement did indeed contain all the mandatory terms required by the Act. The Commission was satisfied that the agreement was the product of a proper negotiation process and that it provided fair and reasonable terms for the employees. Consequently, the Commission approved the Loy Yang B Enterprise Agreement 2022, as it met all the legal requirements and was in the best interests of the employees. The Commission's decision was based on the thorough examination of the submissions and the evidence presented by both parties, as well as a consideration of the broader implications for workplace relations and employee rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established