DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snow Hydro Limited
(AG2019/1617)

SNOWY HYDRO LIMITED GAS OPERATIONS AND MAINTENANCE (VALLEY POWER) ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 23 MAY 2019

Application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Valley Power) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Snowy Hydro Limited Gas Operations and Maintenance (Valley Power) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Snow Hydro Limited. 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 is approved and, in accordance with s.54 of the Act, will operate from 30 May 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Snow Hydro Limited is an applicant seeking approval for the Snowy Hydro Limited Gas Operations and Maintenance (Valley Power) Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which is tasked with ensuring that enterprise agreements are fair and meet the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement adequately met the "better off overall test". This test requires that employees be no worse off financially and at least as well off overall in terms of conditions of employment compared to their previous conditions. The Commission had to consider whether the proposed agreement provided adequate protections and benefits to employees, and whether it complied with the statutory requirements set out in the Fair Work Act.

In its decision, the Commission examined the specific provisions of the agreement, taking into account submissions from both the applicant and the relevant unions. The Commission noted that the agreement contained provisions that were in line with industry standards and provided reasonable terms for the employees. It found that the proposed agreement met the better off overall test as it provided employees with a fair balance of benefits and protections. The Commission approved the application, stating that the agreement was fair and met all necessary statutory requirements.

The Fair Work Commission approved the Snowy Hydro Limited Gas Operations and Maintenance (Valley Power) Enterprise Agreement 2018, confirming its compliance with the statutory requirements and its adherence to the better off overall test. The decision ensures that the terms of the agreement are fair for employees and provides clarity for future negotiations in the industry.

Snow Hydro Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established