Nepean Power Pty Ltd Summary

[2022] FWCA 3535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nepean Power Pty Ltd

(AG2022/3925)

NEPEAN Power Workshop and Site Services Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 11 OCTOBER 2022

Application for approval of the NEPEAN Power Workshop and Site Services Enterprise Agreement 2022.

Nepean Power Pty Ltd (the Employer) has made an application for the approval of the NEPEAN Power Workshop and Site Services Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and 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 CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nepean Power Pty Ltd sought approval of the Nepean Power Workshop and Site Services Enterprise Agreement 2022, which was submitted to the Fair Work Commission. The application involved the terms and conditions of employment for employees in the workshop and site services sectors within Nepean Power. The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it facilitated, promoted, or improved the efficiency, productivity, or performance of the workplace. The application also involved ensuring the agreement was fair and reasonable, taking into account various factors such as the need for flexibility and adaptability in the workplace.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act 2009. The Commission considered the agreement's provisions on wages, hours of work, leave, and other employment conditions. The Commission also examined whether the agreement facilitated, promoted, or improved workplace efficiency, productivity, or performance, and whether it was fair and reasonable. The Commission found that the agreement provided for adequate flexibility and adaptability in the workplace, and that it was fair and reasonable considering the circumstances.

The Fair Work Commission approved the Nepean Power Workshop and Site Services Enterprise Agreement 2022, finding that it met the requirements of the Fair Work Act 2009. The Commission determined that the agreement facilitated, promoted, or improved the efficiency, productivity, or performance of the workplace, and that it was fair and reasonable. The Commission also found that the agreement provided for adequate flexibility and adaptability in the workplace. The Commission's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by the parties.

No further orders were made.

Nepean 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