Siemens Energy Pty Ltd

[2024] FWCA 3223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Siemens Energy Pty Ltd

(AG2024/3051)

SIEMENS ENERGY LOY YANG A & B POWER STATIONS OUTAGE AND SHUTDOWN (AMWU & CFMEU) ENTERPRISE AGREEMENT 2024

Oil and gas industry
COMMISSIONER MATHESON	SYDNEY, 10 SEPTEMBER 2024

Application for approval of the Siemens Energy Loy Yang A & B Power Stations Outage and Shutdown (AMWU & CFMEU) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Siemens Energy Loy Yang A & B Power Stations Outage and Shutdown (AMWU & CFMEU) Enterprise Agreement 2024 (Agreement). The application was made by Siemens Energy Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Construction, Forestry and Maritime Employees Union 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Siemens Energy Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Siemens Energy Loy Yang A & B Power Stations Outage and Shutdown (AMWU & CFMEU) Enterprise Agreement 2024. The Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union sought the approval on behalf of the employees covered by the agreement. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 for an enterprise agreement to be approved and registered.

The central legal issues before the Commission involved whether the agreement provided for the terms and conditions of employment of the employees in a clear and understandable manner, whether it included minimum workplace rights, and whether it was free from any unlawful content. Additionally, the Commission needed to consider whether the agreement had been made in good faith and whether it had been properly negotiated. The AMWU and CFMEU argued that the agreement was fair, appropriately negotiated, and in compliance with all statutory requirements.

The Commission found that the agreement was clear, comprehensive, and contained all necessary terms and conditions of employment. The Commission noted that the agreement included provisions for minimum workplace rights and did not contain any unlawful content. The Fair Work Commission was satisfied that the agreement had been negotiated in good faith and was not inconsistent with any relevant industrial instruments. Consequently, the Commission approved and registered the Siemens Energy Loy Yang A & B Power Stations Outage and Shutdown (AMWU & CFMEU) Enterprise Agreement 2024. This decision ensures that the terms of the agreement will now be binding on the employees and the employer, providing a stable framework for their working relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established