DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanwell Corporation Limited
(AG2015/7544)

TARONG POWER STATIONS ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2015

Application for approval of the Tarong Power Stations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tarong Power Stations Enterprise Agreement 2015(the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stanwell Corporation Limited. The agreement is a single enterprise agreement.

[2] The following employee organisations, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them:

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

The Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia);

The Australian Institute of Marine and Power Engineers;

Australian Municipal, Administrative, Clerical and Services Union;

Construction, Forestry, Mining and Energy Union;

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and

Queensland Nurses’ Union

[3] In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 1 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stanwell Corporation Limited applied for approval of the Tarong Power Stations Enterprise Agreement 2015. The applicant sought to have the agreement approved under section 186 of the Fair Work Act 2009, with the Fair Work Commission also participating in the proceedings. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements of the Act, particularly in relation to the low-paid nature of the workforce and the lack of adequate representation for the employees.

The legal issues before the court involved the validity of the enterprise agreement under the Fair Work Act. The court had to consider whether the agreement was appropriately certified, whether it contained all the necessary terms, and whether it was fair and reasonable in light of the circumstances of the workforce. The court also examined whether the agreement provided an improvement over the existing conditions and whether it complied with the requirements for low-paid employees.

The court held that the agreement was appropriately certified and contained all the necessary terms. However, it found that the agreement did not adequately represent the interests of the low-paid workforce. The court noted that the agreement did not provide a significant improvement over the existing conditions and did not comply with the specific requirements for low-paid employees under the Fair Work Act. As a result, the court refused to approve the agreement. The court's decision was based on the failure of the agreement to meet the statutory requirements and to adequately represent the interests of the employees. The final orders of the court were that the application for approval of the agreement be dismissed.

Stanwell Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established