DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Snowy Hydro Ltd
(AG2018/2101)

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

Electrical power industry
COMMISSIONER MCKINNON	MELBOURNE, 17 SEPTEMBER 2018

Application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Laverton North) 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 (Laverton North) 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 Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2018. The nominal expiry date of the Agreement is 30 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Snowy Hydro Limited sought approval of the Snowy Hydro Limited Gas Operations and Maintenance (Laverton North) Enterprise Agreement 2018 in the Fair Work Commission. The applicants sought the agreement’s registration under the Fair Work Act 2009 to ensure its enforceability and compliance with the relevant provisions of the Act. The Fair Work Commission assessed the agreement against the criteria set forth in the Act, focusing on aspects such as coverage, duration, and the process by which the agreement was formed. The dispute centred on whether the agreement was appropriately formed through genuine bargaining and if it met the statutory requirements for approval.

The court had to determine whether the agreement was genuinely negotiated and if it complied with the procedural and substantive requirements under the Fair Work Act. Key issues included the adequacy of the bargaining process, the clarity of the agreement's terms, and whether the agreement met the criteria for approval under the Act. The applicants needed to demonstrate that the agreement was not only procedurally sound but also substantively fair to the employees it covered.

The Fair Work Commission found that the agreement was genuinely negotiated and met all the statutory requirements for approval. The court considered the evidence presented by the applicants regarding the bargaining process, concluding that it was conducted in good faith and without coercion. The terms of the agreement were found to be clear and comprehensive, covering essential aspects of employment. The court noted that the agreement provided for fair and reasonable terms and conditions, meeting the standards set by the Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the registration of the Snowy Hydro Limited Gas Operations and Maintenance (Laverton North) Enterprise Agreement 2018, ensuring its enforceability and compliance with the Fair Work Act. The decision affirmed that the agreement was genuinely negotiated and met all necessary legal requirements for approval.

Snowy Hydro Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established