DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanwell Corporation Limited
(AG2015/5664)

KAREEYA POWER STATION ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 OCTOBER 2015

Application for approval of the Kareeya Power Station Enterprise Agreement 2015.

[1] Stanwell Corporation Limited applies for approval of an enterprise agreement known as the Kareeya 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 sought approval of the Kareeya Power Station Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement met the necessary requirements under the Fair Work Act 2009, including that it was made in good faith and covered all employees of the company. The respondent, the Australian Council of Trade Unions, contested the application, asserting that the agreement did not meet the statutory requirements as it was not made in good faith and did not cover all employees.

The court was required to determine whether the agreement was made in good faith and whether it covered all employees of the company. The court examined the evidence provided by both parties, including the negotiations and the conduct of the parties involved. The court also considered the Fair Work (Registered Organisations) Act 2009 and relevant case law. After considering all the evidence, the court found that the agreement was made in good faith and covered all employees of the company.

The Fair Work Commission approved the application for the Kareeya Power Station Enterprise Agreement 2015. The court held that the agreement met the necessary requirements under the Fair Work Act 2009. The court found that the applicant had demonstrated that the agreement was made in good faith and covered all employees of the company. The court also noted that the respondent had not provided sufficient evidence to challenge the applicant's claims. The court concluded that the agreement was fair and reasonable and approved the application.

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