DECISION

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

SCL North West Pty Ltd, a subsidiary of Stanwell Corporation Limited T/A Mica Creek Pty Ltd
(AG2019/3754)

MICA CREEK POWER STATION ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2019

Application for approval of the Mica Creek Power Station Enterprise Agreement 2019.

[1] SCL North West Pty Ltd, a subsidiary of Stanwell Corporation Limited t/a Mica Creek Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Mica Creek Power Station Enterprise Agreement 2019 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover the organisation. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to certain clauses of the Agreement. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

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

[5] The Agreement is approved in accordance with s.54 of the Act and will operate 7 days from the date of approval being 31 December 2019. The nominal expiry date of the Agreement is 1 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between SCL North West Pty Ltd, a subsidiary of Stanwell Corporation Limited, trading as Mica Creek Pty Ltd, and the relevant trade unions representing employees. The application was for the Fair Work Commission's approval of the Mica Creek Power Station Enterprise Agreement 2019. The application was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the requirements for "genuine agreement" and whether it contained all the mandated terms and conditions. Additionally, the court needed to assess whether the agreement appropriately balanced the interests of the employer and the employees, and whether it complied with the general protections and minimum entitlements set out in the Fair Work Act.

In its reasoning, the court examined the process by which the agreement was negotiated and the extent to which it was genuinely agreed upon by both parties. The court also evaluated the terms of the agreement against the mandated minimum standards and general protections under the Fair Work Act. It found that the agreement met the necessary criteria for genuine agreement, contained all the mandated terms, and appropriately balanced the interests of both parties. Consequently, the court approved the enterprise agreement, determining that it complied with the statutory requirements and was in the best interests of the employees.

The final orders of the court were that the Mica Creek Power Station Enterprise Agreement 2019 be approved, effective from the date of the decision. The court's approval of the agreement was subject to the condition that it be registered with the Fair Work Commission, as required by the Fair Work Act.

SCL North West Pty Ltd, a subsidiary of Stanwell Corporation Limited T/A Mica Creek 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