DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowy Hydro Limited
(AG2016/5841)

SNOWY HYDRO LIMITED (SNOWY MOUNTAINS AREA) ENTERPRISE AGREEMENT 2016

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, The Association of Professional Engineers, Scientists and Managers Australia, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Snowy Hydro Limited applied to the Fair Work Commission for approval of the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2016. The application involved the determination of various employment terms and conditions for employees within the Snowy Mountains Area. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009, including provisions for the protection of employees' rights and the promotion of harmonious, productive, and cooperative workplace relationships. The applicant, Snowy Hydro Limited, argued that the proposed agreement was fair and reasonable, while the respondents contended that certain provisions were not in line with statutory requirements.

The primary legal issues the Commission needed to address were whether the agreement met the 'better off overall test' and if it complied with all relevant provisions of the Fair Work Act. The 'better off overall test' required the Commission to determine if employees were at least as well off financially and in terms of conditions under the new agreement compared to the previous one. Additionally, the Commission had to assess whether the agreement contained all mandated provisions, such as those concerning minimum wages, penalty rates, and leave entitlements. The respondents raised concerns that certain provisions might undermine employee rights or introduce terms that were not fair or reasonable.

In its decision, the Fair Work Commission examined the financial and non-financial aspects of the proposed agreement. It determined that the agreement was in line with the 'better off overall test', finding that employees would benefit from increased wages and other improved conditions. The Commission also concluded that the agreement met all statutory requirements, including mandated provisions for wages, leave, and other employment conditions. The Commission found that the agreement did not unfairly disadvantage employees and was fair and reasonable in all respects. Consequently, the Commission approved the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2016.

The Commission's final orders included the approval of the enterprise agreement, subject to the terms and conditions set out in the agreement. This approval meant that the agreement would govern the employment terms and conditions of employees in the Snowy Mountains Area, effective from the date of the Commission's decision.

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