DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanwell Corporation Limited
(AG2015/5666)

BARRON GORGE POWER STATION ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 OCTOBER 2015

Application for approval of the Barron Gorge Power Station Enterprise Agreement 2015.

[1] Stanwell Corporation Limited applies for approval of an enterprise agreement known as the Barron Gorge Power Station Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Association of Professional Engineers, Scientists and Managers, Australia and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 9 October 2015. The nominal expiry date of the Agreement is 1 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stanwell Corporation Limited recently appeared before the Fair Work Commission to seek approval of the Barron Gorge Power Station Enterprise Agreement 2015. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, having negotiated it with the Electrical Trades Union of Australia. The dispute centred on whether the agreement met the legal requirements for approval and if it provided fair terms for the employees.

The court had to determine if the agreement complied with the procedural requirements for approval, including if it had been fairly negotiated and if it contained the necessary information. The court also had to assess if the agreement contained all the mandatory terms prescribed by the Fair Work Act and if it provided fair and reasonable terms and conditions for the employees. The court considered submissions from both parties and any relevant evidence.

After examining the evidence and submissions, the Fair Work Commission found that the agreement was fairly negotiated and contained all the required information. The agreement also complied with the mandatory terms prescribed by the Fair Work Act and provided fair and reasonable terms and conditions for the employees. The court was satisfied that the agreement met all the legal requirements for approval.

The Fair Work Commission approved the Barron Gorge Power Station Enterprise Agreement 2015 under section 232 of the Fair Work Act 2009. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement. The decision provides clarity on the legal requirements for approving enterprise agreements and reinforces the importance of fair negotiation and reasonable terms in employment agreements.

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