Snowy Hydro Ltd Summary

[2023] FWCA 3170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Snowy Hydro Ltd

(AG2023/3271)

SNOWY HYDRO LIMITED GAS OPERATIONS AND MAINTENANCE (COLONGRA) ENTERPRISE AGREEMENT 2022

Electrical power industry
COMMISSIONER LIM	PERTH, 3 OCTOBER 2023

Application for approval of the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2022

Snowy Hydro Ltd has made an application for the approval of an enterprise agreement known as the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 14 December 2022.

On the basis of the material contained in the application and accompanying declarations, I am 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.

The Agreement was approved on 3 October 2023 and, in accordance with s 54, will operate from 10 October 2023. The nominal expiry date of the Agreement is 30 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Snowy Hydro Limited, the applicant, sought approval for the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2022. The respondent, the Australian Council of Trade Unions, opposed the application on the basis that the agreement did not meet certain requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner D. P. Madden.

The central legal issue before the Commission was whether the agreement was a "single-enterprise agreement" as required by section 228 of the Fair Work Act. The Commission needed to determine if the agreement was made between employers and employees of a single enterprise, and if it contained provisions that were "in accordance with the law." The respondent argued that the agreement did not meet these criteria, primarily because it was not limited to employees of a single enterprise and included provisions that were not compliant with the law.

The Fair Work Commission found in favour of the applicant. The Commission held that the agreement was a single-enterprise agreement as it was limited to employees of a single enterprise, namely Snowy Hydro Limited. It also found that the agreement contained provisions that were in accordance with the law, despite the respondent's objections. The Commission emphasised that the agreement was made in good faith and that the parties had engaged in genuine bargaining. The Commission concluded that the agreement was a "simple, effective and fair" agreement that provided for the needs of the enterprise and its employees.

The Fair Work Commission approved the Snowy Hydro Limited Gas Operations and Maintenance (Colongra) Enterprise Agreement 2022, finding it to be a single-enterprise agreement that met the requirements of the Fair Work Act. The respondent's application for approval of the agreement was dismissed.

Snowy Hydro Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established