Nepean Power Pty Ltd

[2014] FWCA 8481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nepean Power Pty Ltd
(AG2014/9574)

NEPEAN POWER THORNTON SITE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 NOVEMBER 2014

Application for approval of the Nepean Power Thornton Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Nepean Power Thornton Site Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Nepean Power Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nepean Power Pty Ltd recently came before the Fair Work Commission in an application for approval of the Nepean Power Thornton Site Enterprise Agreement 2014. The applicant, Nepean Power, sought to have the agreement approved as a registered Australian workplace agreement. The dispute centred on whether the agreement complied with the relevant legislative requirements and if the process for its creation was procedurally fair. The Commission needed to determine if the agreement met the statutory criteria and if the process for its formation was fair and lawful.

The key legal issues before the Commission were whether the agreement was appropriately made under the Fair Work Act 2009 and if it adhered to the procedural fairness requirements. Specifically, the Commission needed to ascertain if the agreement was genuinely negotiated and if there was proper consultation and disclosure during the negotiation process. The applicant argued that the agreement was properly negotiated and that the process was fair, while the respondent contested certain aspects of the negotiation and approval process.

The Commission found that the agreement was indeed made under the Fair Work Act and that the process for its negotiation was fair. The Commission was satisfied that the agreement was genuinely negotiated and that the necessary procedural fairness was observed. The Commission's decision hinged on the evidence presented regarding the negotiation process, including the extent of consultation and the fairness of the process. Ultimately, the Commission determined that the agreement complied with the legislative requirements and was therefore approved.

The Fair Work Commission approved the Nepean Power Thornton Site Enterprise Agreement 2014, finding that it met the criteria for registration under the Fair Work Act. The Commission determined that the agreement was genuinely negotiated and that the process was procedurally fair. This decision ensures that the agreement can now be registered and will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established