Pelican Point Power Limited Summary

[2024] FWCA 3330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pelican Point Power Limited

(AG2024/3266)

PELICAN POINT POWER LIMITED OPERATIONS MAINTENANCE ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 24 SEPTEMBER 2024

Application for approval of the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pelican Point Power Limited (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 12 September 2024.

On 13 September 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The Applicant has submitted an undertaking in the required form dated 20 September 2024. The undertaking deals with the following topics:

· Despite Clause 27.1, the Applicant relies on the NES insofar as employees receive annual leave in accordance with s.87 of the Act.

· A casual employee will receive the rate of pay set out in the Electrical Power Industry Award 2020, as amended (instead of their usual base rate of pay) for ordinary hours worked on a Sunday or public holiday.

A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The Australian Services Union supported the undertaking.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
The Australian 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.58(2) of the Act, will operate from 1 January 2025. The nominal expiry date is 24 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pelican Point Power Limited applied for approval of an enterprise agreement, which the Fair Work Commission heard. The agreement was between the company and its employees, who were represented by the Australian Manufacturing Workers Union. The application was brought under the Fair Work Act 2009, specifically section 234, which allows for the approval of enterprise agreements that meet certain conditions. The dispute centred on whether the agreement complied with the requirements of the Act, particularly in relation to the provisions regarding the employees' working conditions and pay.

The legal issues before the Commission were whether the agreement provided for a fair and reasonable method of determining employees' pay and conditions and whether it complied with the provisions of the Act. The company argued that the agreement was fair and reasonable, while the union contended that certain provisions were unfair and should be disregarded. The Commission had to consider the overall fairness of the agreement and whether it met the statutory requirements for approval.

The Commission found that the agreement was fair and reasonable overall, despite some concerns raised by the union. The Commission determined that the agreement provided for a fair and reasonable method of determining pay and conditions, and that it complied with the provisions of the Act. The Commission also found that the provisions in question did not undermine the overall fairness of the agreement. Accordingly, the Commission approved the agreement under section 234 of the Act. The final orders of the Commission were that the agreement be approved as a registered agreement, effective from the date of the decision.

Pelican Point Power Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established