DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Osborne Cogeneration Pty Ltd
(AG2018/2874)

OSBORNE COGENERATION ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 26 SEPTEMBER 2018

Application for approval of the Osborne Cogeneration Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Osborne Cogeneration Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Osborne Cogeneration Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Osborne Cogeneration Pty Ltd, the applicant, sought approval of the Osborne Cogeneration Enterprise Agreement 2018 from the Fair Work Commission. The applicant sought to have the agreement registered and made applicable to its employees. The case was heard in the Fair Work Commission of Australia.

The primary legal issue for the Commission to determine was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by the Act, and whether it was in the best interests of the employees. The Commission also needed to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether it was made in accordance with the procedural requirements of the Fair Work Regulations 2009.

The Commission found that the agreement met all the necessary requirements and was in the best interests of the employees. The applicant had engaged in good faith bargaining with the registered organisation and the agreement contained all the minimum terms and conditions required by the Act. The Commission was satisfied that the agreement was fair and reasonable, and that it provided for the proper management of the workplace. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Regulations 2009. As a result, the Commission approved the agreement and ordered that it be registered and made applicable to the employees.

The Fair Work Commission approved the Osborne Cogeneration Enterprise Agreement 2018 and ordered that it be registered and made applicable to the employees. The applicant was directed to provide a copy of the agreement to each employee and to take all necessary steps to give effect to the agreement. The Commission also ordered that the agreement be published on its website and that notice of the registration be given to the registered organisation. The decision provides guidance to employers and employees on the requirements for an enterprise agreement and the process for seeking approval from the Commission.

Osborne Cogeneration 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