DECISION

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

Moreland Energy Foundation Limited
(AG2015/1776)

MORELAND ENERGY FOUNDATION LTD ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 6 FEBRUARY 2015

Application for approval of the Moreland Energy Foundation Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Moreland Energy Foundation Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Moreland Energy Foundation Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 February 2015. The nominal expiry date is three (3) years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Moreland Energy Foundation Limited applied for approval of its 2015 Enterprise Agreement in the Fair Work Commission. The agreement in question involved employees who were engaged under the Electricity Supply Industry (General) Award 2010 and the Electricity Supply Industry (Vic) Enterprise Agreement 2012. The dispute centred on whether the terms of the proposed agreement complied with the Fair Work Act 2009 and whether they met the requirements for a valid enterprise agreement. The Fair Work Commission was required to determine whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it complied with the procedural requirements for the negotiation and approval of enterprise agreements.

The legal issues before the Commission included whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether the negotiation process was conducted in good faith and followed the necessary procedures. Additionally, the Commission had to consider whether the agreement was likely to ensure the provision of fair and reasonable terms and conditions to the employees. The Commission reviewed the negotiation process, the content of the agreement, and the impact of the proposed terms on the employees. The Commission also considered submissions from both the employer and the union representatives.

The Commission found that the negotiation process had been conducted in good faith and that the agreement contained all the mandatory terms required by the Fair Work Act. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the nature of the work, the business of the employer, and the employees' needs. The Commission approved the Moreland Energy Foundation Ltd Enterprise Agreement 2015, finding that it met the necessary criteria for approval under the Fair Work Act. The Commission's decision was based on the comprehensive review of the negotiation process and the content of the agreement, along with the consideration of submissions from both parties.

The Fair Work Commission approved the Moreland Energy Foundation Ltd Enterprise Agreement 2015, effective from 1 July 2015. The Commission's decision was grounded in its determination that the agreement was negotiated in good faith and contained all the mandatory terms required by the Fair Work Act. The Commission also found that the terms of the agreement were fair and reasonable, and it met the necessary criteria for approval. The approval of the agreement ensures that the employees will be governed by the terms of the enterprise agreement rather than the applicable awards, providing them with specific terms and conditions tailored to their employment.

Moreland Energy Foundation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established