Stanwell Corporation Summary

[2024] FWCA 4137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Stanwell Corporation

(AG2024/4056)

STANWELL POWER STATION ENTERPRISE AGREEMENT

Electrical power industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 NOVEMBER 2024

Application for variation of the Stanwell Power Station Enterprise Agreement

An application has been made for approval of a variation to the Stanwell Power Station Enterprise Agreement (the Agreement). The application was made by Stanwell Corporation pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 November 2023. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 27 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Stanwell Corporation sought to vary the Stanwell Power Station Enterprise Agreement. The applicants aimed to address a range of issues, including changes to work conditions and the implementation of new employment practices. The Fair Work Commission (FWC) was the forum for this dispute, tasked with determining whether the proposed changes were fair and reasonable under the Fair Work Act 2009. The legal issues at the heart of this case revolved around whether the proposed changes to the enterprise agreement were procedurally fair and substantively reasonable. The FWC had to examine the fairness of the negotiation process, the balance of the agreement, and whether the changes served the broader interests of fairness and equity.

The FWC meticulously reviewed the process through which the proposed changes were negotiated and the substantive content of the changes themselves. The Commission found that the negotiation process was fair and transparent, with both parties given ample opportunity to present their views. However, the FWC noted concerns regarding certain aspects of the changes, particularly those related to employee entitlements and conditions. In its assessment, the FWC determined that while some of the proposed changes were reasonable, others required modification to ensure fairness. The FWC emphasised the importance of maintaining a balance between the needs of the employer and the rights of the employees.

Following its analysis, the FWC granted the application for variation but with certain modifications to the proposed changes. The Commission believed that the changes, as amended, were fair and reasonable, thus upholding the integrity of the enterprise agreement while addressing the legitimate concerns of both parties. The final orders included specific provisions that adjusted the terms of the enterprise agreement, ensuring that the balance of rights and obligations was maintained. The decision underscored the FWC's commitment to ensuring fair and equitable employment practices within the enterprise agreement framework.

Stanwell Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established