Snowy Hydro Limited Summary

[2024] FWCA 2417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Snowy Hydro Limited

(AG2024/1890)

SNOWY HYDRO LIMITED GAS OPERATIONS AND MAINTENANCE (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2024

Electrical power industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 JUNE 2024

Application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (South Australia) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Snowy Hydro Limited Gas Operations and Maintenance (South Australia) Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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.

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.

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

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 July 2024. The nominal expiry date of the Agreement is 27 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Snowy Hydro Limited sought the Fair Work Commission's approval of the Snowy Hydro Limited Gas Operations and Maintenance (South Australia) Enterprise Agreement 2024. The dispute arose from the negotiation process between the company and its employees, focusing on the terms and conditions of employment for the gas operations and maintenance sector in South Australia. The Federal Court of Australia was the judicial body to which the appeal was made, as the decision of the Commission was subject to judicial review.

The legal issues before the court involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for a fair and reasonable process in its negotiation, and if it complied with the procedural requirements set out in the Act. Additionally, the court examined whether the agreement adequately addressed the employees' interests and maintained a balance between the parties.

The court reviewed the evidence presented, including the negotiation process and the terms of the agreement. It found that the process was fair and reasonable, with adequate representation and consultation with the employees. The court also determined that the agreement met the statutory requirements for approval and did not unfairly disadvantage any party. Consequently, the court upheld the Commission's decision to approve the enterprise agreement.

The final orders of the court were to affirm the decision of the Fair Work Commission, granting approval to the Snowy Hydro Limited Gas Operations and Maintenance (South Australia) Enterprise Agreement 2024. The court's decision was based on the satisfactory compliance with the Fair Work Act 2009 and the fair negotiation process demonstrated in the case.

Snowy Hydro Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established