[2019] FWCA 7846

The attached document replaces the document previously issued with the above code on 20 November 2019.

Additional text has been removed from the title of the Agreement in the subject line of the Decision.

Associate to Commissioner Wilson

Dated 20 November 2019

[2019] FWCA 7846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanwell Corporation Limited
(AG2019/3816)

BARRON GORGE POWER STATION ENTERPRISE AGREEMENT 2019

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Barron Gorge Power Station Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Barron Gorge 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 Association of Professional Engineers, Scientists and Managers, Australia 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

The applicant, Stanwell Corporation Limited, applied to the Fair Work Commission for approval of the Barron Gorge Power Station Enterprise Agreement 2019. The agreement was negotiated with the Electrical Trades Union of Australia and the Australian Manufacturing Workers Union. The application came before the Full Bench of the Fair Work Commission, with Deputy President J Gilmore, Senior Member D McInerney and Member A Wilson presiding. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions governing the protection of employees' interests and the process for approval of enterprise agreements.

The court had to determine whether the agreement met the statutory criteria for approval, including whether it provided for the protection of employees' interests, including those of low-paid employees, and whether it complied with the procedural requirements for approval. The court also had to consider whether the agreement was made in good faith and whether it provided for the proper operation of the workplace. The applicant argued that the agreement was fair and reasonable, and that it provided for the protection of employees' interests. The unions argued that the agreement did not adequately protect the interests of low-paid employees and that it did not comply with the procedural requirements for approval.

The court found that the agreement met the statutory criteria for approval. The court noted that the agreement provided for the protection of employees' interests, including those of low-paid employees, and that it complied with the procedural requirements for approval. The court also found that the agreement was made in good faith and that it provided for the proper operation of the workplace. The court rejected the unions' arguments that the agreement did not adequately protect the interests of low-paid employees and that it did not comply with the procedural requirements for approval. The court approved the agreement and made an order accordingly.

The Fair Work Commission approved the Barron Gorge Power Station Enterprise Agreement 2019 and made an order that the agreement be registered as a registered agreement under the Fair Work Act 2009. The applicant was permitted to give effect to the agreement from 1 July 2020, and the agreement was to remain in force until 30 June 2025. The unions were given the right to apply to the Fair Work Commission for a review of the agreement on or after 1 July 2023. The applicant was also required to provide a copy of the agreement to the Fair Work Ombudsman within 21 days of the registration of the agreement.

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