NRG Gladstone Operating Services Pty Ltd

[2025] FWCA 1204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NRG Gladstone Operating Services Pty Ltd

(AG2025/809)

NRG GLADSTONE OPERATING SERVICES PTY LTD (NRGGOS) ENTERPRISE AGREEMENT 2025-2029

Electrical power industry
COMMISSIONER SIMPSON	BRISBANE, 9 APRIL 2025

Application for approval of the NRG Gladstone Operating Services Pty Ltd (NRGGOS) Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the NRG Gladstone Operating Services Pty Ltd (NRGGOS) Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NRG Gladstone Operating Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.2.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (TSU), Australian Workers’ Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the TSU, AWU, AMWU, CEPU and MEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NRG Gladstone Operating Services Pty Ltd, an employer, applied to the Fair Work Commission for approval of the NRG Gladstone Operating Services Pty Ltd (NRGGOS) Enterprise Agreement 2025-2029. The application arose from negotiations between the employer and the union, representing the employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically if it contained the necessary provisions and if it was fairly negotiated.

The court had to decide if the agreement complied with the legislative requirements. This included determining if the agreement included all the mandated minimum terms and conditions and if it was made in good faith. The court also considered if the agreement provided adequate protections and benefits for the employees, and if the process of negotiation was fair and transparent.

The Fair Work Commission approved the agreement, finding that it contained all the necessary provisions and was made in good faith. The court was satisfied that the agreement provided adequate protections and benefits for the employees and that the negotiation process was fair and transparent. The court found that the agreement met all the legislative requirements and was therefore approved.

The final orders of the court approved the NRG Gladstone Operating Services Pty Ltd (NRGGOS) Enterprise Agreement 2025-2029, confirming its validity and enforceability. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate effectively for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established