DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pelican Point Power Limited
(AG2015/898)

PELICAN POINT POWER LIMITED OPERATIONS MAINTENANCE ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 1 MAY 2015

Application for approval of the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2015.

[1] An application for approval of an enterprise agreement known as the Pelican Point Power Limited Operations Maintenance Enterprise Agreement 2015 (the Agreement) has been made by Pelican Point Power Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union (the ASU), being a bargaining representative for the Agreement, has given notice pursuant to s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the ASU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 8 May 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pelican Point Power Limited recently applied to the Fair Work Commission for approval of their 2015 Operations Maintenance Enterprise Agreement. The application arose from negotiations between Pelican Point Power Limited and the union representing their employees. The union contested several provisions of the proposed agreement, prompting the application. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions challenged by the union.

The central legal issues before the Commission were whether certain provisions of the agreement, which were contested by the union, complied with the Fair Work Act. The union argued that several provisions, including those concerning the payment of allowances and the classification of employees, were unfair and did not provide adequate protections for employees. The Commission had to assess these provisions against the statutory criteria for enterprise agreements, which include provisions for the terms and conditions of employment, and whether the agreement facilitated the harmonious, productive, and efficient operation of the workplace.

The Commission carefully considered the provisions in question, examining them against the criteria set out in the Fair Work Act. It found that the contested provisions did not contravene the statutory requirements for enterprise agreements. The Commission noted that the agreement provided for the terms and conditions of employment in a manner that was fair and balanced, and that the provisions did not unfairly disadvantage employees. Accordingly, the Commission approved the agreement, finding it to be in accordance with the provisions of the Act. The union's objections were dismissed, and the agreement was approved for registration.

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