DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanwell Corporation Limited
(AG2019/3815)

KAREEYA POWER STATION ENTERPRISE AGREEMENT 2019

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Kareeya Power Station Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kareeya Power Station Enterprise Agreement 2019 (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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 1 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Stanwell Corporation Limited sought approval of the Kareeya Power Station Enterprise Agreement 2019. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, objected to the approval, arguing that certain provisions of the agreement were not consistent with the Fair Work Act 2009. The dispute centred on whether the agreement adequately provided for the terms and conditions of employment for the employees covered by the agreement.

The central legal issue before the Commission was whether the provisions of the Enterprise Agreement complied with the requirements of the Fair Work Act, specifically whether they provided for the minimum terms and conditions of employment as required by section 235 of the Act. Additionally, the Commission needed to determine if the agreement was made in good faith and if it had been appropriately certified as a single-enterprise agreement.

The Commission considered the arguments presented by both parties and examined the provisions of the Enterprise Agreement in detail. It found that the agreement did not adequately provide for all of the minimum terms and conditions of employment as required by section 235 of the Fair Work Act. Specifically, the agreement did not address the minimum working hours and overtime provisions. The Commission also found that the agreement had not been certified as a single-enterprise agreement, as required by section 232 of the Act. As a result, the application for approval of the Enterprise Agreement was dismissed.

The Fair Work Commission dismissed the application for approval of the Kareeya Power Station Enterprise Agreement 2019, stating that the agreement did not comply with the Fair Work Act. The Commission found that the agreement did not provide for all of the minimum terms and conditions of employment and had not been appropriately certified. Consequently, the agreement was not approved.

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