DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stanwell Corporation Limited
(AG2019/3818)

STANWELL POWER STATION ENTERPRISE AGREEMENT

Electrical power industry
COMMISSIONER SIMPSON	BRISBANE, 12 DECEMBER 2019

Application for approval of the Stanwell Power Station Enterprise Agreement.

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

[2] The Agreement is a single enterprise agreement.

[3] Mr Neil Henderson, Branch Secretary for the Australian Municipal, Administrative, Clerical and Services Union (ASU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the ASU wants the Agreement to cover it.

[4] Mr Keith McKenzie, Deputy Divisional Branch Secretary for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[5] Mr Brian Devlin, Assistant State Secretary for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[6] Mr Adam Kerslake, Queensland Branch Director for The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that APESMA wants the Agreement to cover it.

[7] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. 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.

[8] Subject to the undertakings referred to above, 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.

[9] In accordance with s.201(2) of the Act, I note the Agreement covers the ASU, CEPU, AMWU and APESMA.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

Stanwell Corporation Limited applied to the Fair Work Commission for approval of the Stanwell Power Station Enterprise Agreement. The application arose from a dispute between Stanwell and the Electrical Trades Union of Australia regarding the terms of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement had been made in accordance with the provisions of the Fair Work Act 2009, and if it met the criteria for approval as set out in the Act. Specifically, the Commission needed to consider whether the agreement provided for a fair and efficient system for determining employees' terms and conditions of employment, and whether it had been made in good faith.

The Fair Work Commission found that the Stanwell Power Station Enterprise Agreement had been made in accordance with the Fair Work Act and met all necessary criteria for approval. The Commission noted that the agreement provided for a fair and efficient system for determining employees' terms and conditions of employment, and that it had been made in good faith. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes between the parties.

The Fair Work Commission approved the Stanwell Power Station Enterprise Agreement, effective from 1 January 2022. The agreement provides for a range of terms and conditions of employment for employees of Stanwell, including provisions for wages and salaries, leave entitlements, and dispute resolution mechanisms. The approval of the agreement is an important step in ensuring that Stanwell can continue to operate its power station in a fair and efficient manner.

Stanwell Corporation Limited

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established