DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pelican Point Power Limited
(AG2021/5939)

PELICAN POINT POWER LIMITED OPERATIONS MAINTENANCE ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 8 JULY 2021

Application for approval of the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2021 (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.

[2] The matter was allocated to my Chambers on 6 July 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 8 July 2021. The undertaking deals with the following topics:

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• Clause 26 (Annual Leave) and Clause 30 (Personal Leave) will be read in conjunction with the NES and where there is an inconsistency between them and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

[4] 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 bargaining representatives that responded supported the undertaking.

[5] 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.

[6] The “Australian Municipal, Administrative, Clerical and Services Union” (ASU) and the “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” (CEPU), being bargaining representatives for the Agreement, have given 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 that the Agreement covers these organisations.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

Pelican Point Power Limited applied for approval of the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2021 before the Fair Work Commission. The dispute arose out of negotiations between the company and its employees over the terms and conditions of employment. The employees sought better wages and conditions, while the company argued that the proposed changes were not feasible given its financial constraints.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This required an assessment of whether the agreement provided for fair and reasonable terms, and whether it had been negotiated in good faith. The Commission also had to consider the impact of the proposed changes on the employees and the company.

The Fair Work Commission found that the agreement provided for fair and reasonable terms, taking into account the company's financial position and the need to maintain a competitive business. The Commission noted that the agreement provided for a reasonable increase in wages and improved working conditions for the employees. The Commission was also satisfied that the agreement had been negotiated in good faith, as both parties had made efforts to reach a compromise. The Commission concluded that the proposed changes would not have a significant adverse impact on the company's operations, and that the benefits to the employees outweighed any potential negative effects.

The Fair Work Commission approved the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2021, subject to certain conditions. These conditions included a requirement for the company to provide regular reports to the Commission on the implementation of the agreement, and a provision for the agreement to be reviewed after two years. The employees and the company were directed to comply with the terms of the approved agreement.

Pelican Point Power Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established