DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowy Hydro Limited
(AG2019/3687)

SNOWY HYDRO LIMITED (SNOWY MOUNTAINS AREA) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 22 OCTOBER 2019

Application for approval of the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Agreement lodged as part of the application for approval contained an error in clause 43(4)(a)(ii). On 18 October 2019, the Applicant filed an amended version of the Agreement pursuant to section 586 of the Act correcting the error in clause 43(4)(a)(ii). I am satisfied that the correction should be made and that it is appropriate to do so pursuant to section 586 of the Act.

[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Australian Workers’ Union (NSW Branch), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Snowy Hydro Limited applied for the approval of the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2019. The application was heard by the Fair Work Commission. The dispute was about whether the agreement was in the interests of the employees and complied with the Fair Work Act 2009.

The legal issues before the court were whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements of the Fair Work Act. The court had to consider the nature of the agreement, the process by which it was negotiated, and the extent to which it provided for fair and reasonable terms and conditions for the employees.

The court found that the agreement was made in good faith, provided for fair and reasonable terms and conditions, and complied with the procedural requirements of the Fair Work Act. The court noted that the agreement was negotiated over a period of several months and involved extensive consultation between the employer and the employees' representatives. The court also found that the agreement provided for a range of benefits for the employees, including wage increases, improved working conditions, and better access to training and development opportunities. The court concluded that the agreement was in the interests of the employees and should be approved.

The Fair Work Commission approved the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2019. The approval was subject to certain conditions, including the requirement that the employer provide certain information to the employees and their representatives. The court noted that the agreement was a significant improvement on the previous enterprise agreement and would provide significant benefits to the employees. The court also noted that the agreement provided for a fair and reasonable balance between the interests of the employer and the employees.

Snowy 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