Nepean Power Pty Ltd

[2013] FWCA 6285

The attached document replaces the document previously issued with the above code on 30 August 2013.

The preamble is to read

Application for approval of the Nepean Power Workshop Enterprise Agreement 2013

Christine Gambrill

Associate to Senior Deputy President Drake

Dated 2 September 2013

[2013] FWCA 6285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nepean Power Pty Ltd
(AG2013/2105)

NEPEAN POWER WORKSHOP ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 AUGUST 2013

Application for approval of the Nepean Power Workshop Enterprise Agreement 2013

[1] An application has been made for approval of an enterprise agreement known as the Nepean Power Workshop Enterprise Agreement 2013-2015 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 September 2013. 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

The matter involved an application by the Australian Manufacturing Workers' Union for the approval of the Nepean Power Workshop Enterprise Agreement 2013. The application was heard by the Fair Work Commission, with the respondent being Nepean Power Pty Ltd. The dispute centered around whether the agreement, which proposed changes to the terms and conditions of employment for workers, met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely bargained, met the "better off overall test" and adhered to the procedural fairness requirements. The Commission had to determine if the agreement provided for employees' rights and protections in a manner consistent with the objectives of the Act. Additionally, it needed to ensure that the agreement had been negotiated in good faith and that the parties had taken all reasonably practicable steps to reach an agreement.

The Commission found that the agreement was genuinely negotiated and met the requirements of the Act. It determined that the agreement provided for a fair and reasonable outcome for the employees, as it included provisions that were better off overall for the majority of the workforce. The Commission also concluded that the agreement was procedurally fair and that all reasonably practicable steps had been taken to reach the agreement. Based on these findings, the Commission approved the Nepean Power Workshop Enterprise Agreement 2013, noting that it would be effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established