Snowy Hydro Limited

[2014] FWCA 347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowy Hydro Limited
(AG2013/12864)

SNOWY HYDRO LIMITED (SNOWY MOUNTAINS AREA) ENTERPRISE AGREEMENT 2013

Electrical power industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 15 JANUARY 2014

Application for approval of the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Snowy Hydro Limited (Snowy Mountains Area) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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. An undertaking concerning clause 27 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Australian Workers’ Union; the Association of Professional Engineers, Scientists and Managers, Australia; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have all given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

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 (Snowy Mountains Area) Enterprise Agreement 2013. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about the impact the agreement would have on employee conditions.

The primary legal issue was whether the agreement met the criteria for registration as prescribed under the Fair Work Act. Specifically, the union argued that the agreement did not fairly and appropriately address certain employee conditions, such as pay rates and entitlements, and therefore did not meet the "better off overall test". The court had to consider whether the agreement provided employees with terms and conditions that were at least as good as those provided by the applicable award or registered agreement.

The Fair Work Commission found that the agreement did indeed meet the requirements for registration. The Commission considered the terms and conditions of the agreement, including pay rates, leave entitlements, and other benefits, and concluded that employees would be better off overall under the agreement than under the applicable award. The Commission also noted that the agreement provided for a transparent and fair process for resolving disputes between employees and the employer.

Accordingly, the Fair Work Commission approved the agreement and ordered its registration under the Fair Work Act. The union's application to have the agreement rejected was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established