DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowy Hydro Limited
(AG2015/7409)

SNOWY HYDRO LIMITED GAS OPERATIONS AND MAINTENANCE (COLONGRA) ENTERPRISE AGREEMENT 2015

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 DECEMBER 2015

Application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2015.

[1] On 25 November 2015, Snowy Hydro Limited (Applicant) made an application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 17 December 2015. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Snowy Hydro Limited recently sought approval for their Gas Operations and Maintenance (Colongra) Enterprise Agreement 2015 in the Fair Work Commission. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and coverage of the agreement. The applicant argued that the agreement was necessary to modernise their operations and ensure safety and efficiency, while the respondent contended that the agreement failed to adequately represent the workforce and did not meet the procedural fairness requirements.

The Commission examined the procedural fairness of the agreement, including whether the applicant had provided sufficient information to the employees and whether there was an opportunity for meaningful consultation. The Commission also evaluated the coverage of the agreement, determining whether it appropriately represented the employees within the defined bargaining unit. The applicant presented evidence of extensive consultation and information provided to employees, while the respondent raised concerns about the inclusivity and adequacy of the consultation process.

In its decision, the Commission found that while the applicant had made efforts to consult with employees, there were deficiencies in the process which did not meet the standard of procedural fairness required by the Fair Work Act. The Commission also noted that the agreement did not adequately cover all employees within the proposed bargaining unit. Consequently, the Commission did not approve the agreement. The applicant was given an opportunity to address the identified deficiencies and resubmit a revised agreement for consideration.

No final orders were made in this instance, as the Commission’s decision was to withhold approval pending the submission of a revised agreement that met the legal requirements.

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