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
(AG2015/4161)

MICA CREEK POWER STATION ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 AUGUST 2015

Application for approval of the Mica Creek Power Station Enterprise Agreement 2015.

[1] SCL North West Pty Ltd, a subsidiary of Stanwell Corporation Limited, applies for approval of an enterprise agreement known as the Mica Creek Power Station Enterprise Agreement 2015 (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 this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] The consultation term in the Agreement is not in the form required by s.205 of the Act. However, the term in the Agreement applies when a "preliminary decision” is made. Section 205 of the Act requires that “if an enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”.

[4] I proposed to the parties that consistent with s.205(2) of the Act I would incorporate the model consultation term into the Agreement and note that the consultation term agreed by the parties (clause 3.5.12) would continue to operate according to its terms when a preliminary decision is made, except to the extent of any inconsistency with the incorporated model term. All parties agreed with this proposal.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved, in accordance with s.54 of the Act, will operate from 24 August 2015. The nominal expiry date of the Agreement is 1 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of SCL North West Pty Ltd, a subsidiary of Stanwell Corporation Limited, the Fair Work Commission was presented with an application for the approval of the Mica Creek Power Station Enterprise Agreement 2015. The applicant, SCL North West Pty Ltd, sought the Commission's endorsement of this agreement, which it had negotiated with relevant unions representing the employees of the Mica Creek Power Station. The dispute primarily revolved around the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements, addressed procedural fairness, and adhered to the principles of good faith bargaining. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it appropriately balanced the rights and obligations of both employers and employees.

The Fair Work Commission, after thoroughly reviewing the application, found that the Mica Creek Power Station Enterprise Agreement 2015 complied with the relevant provisions of the Fair Work Act. The Commission determined that the agreement was fair and reasonable, providing adequate protections and benefits for the employees. It was concluded that the agreement was the product of genuine and good faith negotiations between the parties and appropriately addressed the terms and conditions of employment. Consequently, the Commission approved the agreement, endorsing it as a fair and effective enterprise agreement.

SCL North West Pty Ltd, a subsidiary of Stanwell Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established