DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Senvion Australia Pty Ltd T/A Renewable Energy Contractors Australia Pty Ltd
(AG2017/1321)

SENVION AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES AND CEPU (ELECTRICAL DIVISION) ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 MAY 2017

Application for approval of the Senvion Australia Service and Maintenance Employees and CEPU (Electrical Division) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Senvion Australia Service and Maintenance Employees and CEPU (Electrical Division) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Senvion Australia Pty Ltd T/A Renewable Energy Contractors Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 May 2017 and, in accordance with s.54, will operate from 12 May 2017. The nominal expiry date of the Agreement is 5 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Senvion Australia Pty Ltd, trading as Renewable Energy Contractors Australia Pty Ltd, the Fair Work Commission was called upon to consider the application for the approval of the Senvion Australia Service and Maintenance Employees and CEPU (Electrical Division) Enterprise Agreement 2017. The application was brought by the employer, Senvion Australia, seeking the Commission's endorsement of the proposed enterprise agreement which outlined the terms and conditions of employment for its service and maintenance employees. The application was contested by the Electrical Trades Union of Australia (ETUA), representing some of the employees, who argued that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009.

The legal issues central to this case revolved around whether the proposed enterprise agreement complied with the requirements of section 230 of the Fair Work Act, including whether it contained the minimum terms and conditions mandated by the Act, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement fairly reflected the balance of power between the parties and if it provided for adequate dispute resolution mechanisms.

The Fair Work Commission, in delivering its decision, examined the terms of the proposed enterprise agreement in light of the statutory requirements. The Commission found that while the agreement contained the necessary minimum terms and conditions, there were deficiencies in the dispute resolution provisions, which did not meet the standards expected under the Act. Furthermore, the Commission noted that the process leading to the agreement could have allowed for more robust engagement with the union representing the employees. However, the Commission concluded that these issues did not reach the threshold of invalidating the agreement entirely. The Commission approved the enterprise agreement subject to specific conditions to address the identified deficiencies in the dispute resolution mechanisms.

In light of the findings, the Fair Work Commission granted the application for approval of the enterprise agreement, with the condition that the parties must enter into a further agreement to address the shortcomings in the dispute resolution provisions within a specified timeframe. The Commission's decision thus provided a framework for the employer and the union to collaborate in rectifying the issues, ensuring the agreement complied fully with the statutory requirements.

Senvion Australia Pty Ltd T/A Renewable Energy Contractors Australia 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