DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NRG Gladstone Operating Services Pty Ltd
(AG2017/4527)

NRG GLADSTONE OPERATING SERVICES PTY LTD (NRG GOS) ENTERPRISE AGREEMENT

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 6 OCTOBER 2017

Application for approval of the NRG Gladstone Operating Services Pty Ltd (NRG GOS) Enterprise Agreement 2017.

[1] NRG Gladstone Operating Services Pty Ltd applies for approval of an enterprise agreement known as the NRG Gladstone Operating Services Pty Ltd (NRG GOS) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union (AWU), the Construction, Forestry, Mining and Energy Union (CFMEU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Australian, Municipal, Administrative, Clerical and Services Union (ASU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act and will operate from 13 October 2017. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the NRG Gladstone Operating Services Pty Ltd (NRG GOS) Enterprise Agreement 2017, heard in the Fair Work Commission. The applicant, NRG Gladstone Operating Services, sought approval of the agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary requirements for registration, specifically whether it contained the prescribed minimum terms and conditions of employment.

The central legal issue before the Commission was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. The Commission had to examine whether the agreement provided for the minimum entitlements mandated by the Act, and whether it was free from any prohibited content. Additionally, the Commission considered whether the agreement had been made in good faith and whether the process of its formation was fair.

The Fair Work Commission determined that the NRG Gladstone Operating Operating Services Pty Ltd Enterprise Agreement 2017 was compliant with the Fair Work Act. The Commission found that the agreement contained all the prescribed minimum terms and conditions and was free from any prohibited content. The Commission was satisfied that the agreement was made in good faith and that the process of its formation was fair. Therefore, the Commission approved the agreement and it was registered on the Register of Approved Agreements.

The Fair Work Commission approved the NRG Gladstone Operating Services Pty Ltd Enterprise Agreement 2017, registering it on the Register of Approved Agreements. This decision confirmed that the agreement met all statutory requirements and was made in good faith.

NRG Gladstone Operating Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established