Stanwell Corporation Limited Summary

[2024] FWCA 3110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stanwell Corporation Limited

(AG2024/2999)

TARONG POWER STATIONS ENTERPRISE AGREEMENT 2024

Electrical power industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 26 AUGUST 2024

Application for approval of the Tarong Power Stations Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Tarong Power Stations Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Institute of Marine and Power Engineers (AIMPE), Australian Nurses and Midwifery Federation (ANMF) - QNMU Branch, Mining and Energy Union Queensland District (MEU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Service Union of Australia (ETU), Australian Municipal, Administrative, Clerical and Services Union Queensland (Services and Northern Administrative) Branch (ASU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AIMPE, ANMF, MEU, ASU, APESMA, AMWU and ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by Stanwell Corporation Limited for the approval of the Tarong Power Stations Enterprise Agreement 2024, the Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009. The application was brought before the Commission by the Australian Council of Trade Unions and the employer, Stanwell Corporation Limited, in an effort to resolve ongoing disputes over terms and conditions of employment at the Tarong Power Station.

The central legal issue before the Commission was whether the proposed agreement provided for the fair and efficient resolution of workplace disputes and adequately protected the rights and interests of employees. The Commission had to consider whether the agreement complied with the provisions of the Fair Work Act, including the requirement that it be "better off overall" for employees compared to the existing industrial instruments. Furthermore, the Commission examined whether the agreement contained appropriate dispute resolution mechanisms and provisions for employee representation and consultation.

In making its determination, the Commission took into account the submissions and evidence presented by both parties, as well as relevant legislative provisions and precedents. The Commission found that the proposed agreement was fair and efficient, as it provided for appropriate dispute resolution mechanisms and protected the rights and interests of employees. The Commission also concluded that the agreement was better off overall for employees, as it contained provisions for improved wages, leave entitlements, and other benefits. Based on these findings, the Commission approved the Tarong Power Stations Enterprise Agreement 2024 under section 230 of the Fair Work Act.

The final orders of the Commission included the approval of the Tarong Power Stations Enterprise Agreement 2024, which is to be registered with the Commission and enforced as a registered agreement. The agreement will now govern the employment terms and conditions of the relevant employees at the Tarong Power Station, replacing the existing industrial instruments.

Stanwell Corporation Limited

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established