DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowy Hydro Limited
(AG2018/7325)

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

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) 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 (Colongra) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Snowy 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] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 20 - Annual Leave - annual leave is expressed as 150 hours which may be inconsistent with the 4 weeks provided by the NES.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 30 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Snowy Hydro Limited applied to the Fair Work Commission for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2018. The application followed a series of negotiations between the employer and the union representing the employees. The union objected to the proposed terms, arguing that they were unfair and did not adequately protect the employees’ interests.

The central legal issues before the court were whether the agreement was in the best interests of the employees and whether it met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The court needed to consider the fairness of the proposed agreement, including its terms and conditions, and whether it complied with the relevant legislative provisions.

The court found that the agreement was fair and met the statutory requirements. It noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits. The court also found that the agreement complied with the relevant legislative provisions, including the requirement that it be certified as a single, integrated, and operative agreement. The court approved the agreement, finding that it was in the best interests of the employees and met the statutory requirements for an enterprise agreement.

The final orders of the court were that the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. The court also ordered that the agreement be published on the Fair Work Commission’s website and that copies be provided to the parties. The union’s objections were dismissed.

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