DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanwell Corporation Limited
(AG2019/2074)

TARONG POWER STATIONS ENTERPRISE AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JULY 2019

Application for approval of the Tarong Power Stations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tarong Power Stations Enterprise Agreement 2018 (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] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), Association of Professional Engineers, Scientists and Managers Australia (APESMA), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), Australian Municipal, Municipal, Administrative, Clerical and Services Union (ASU), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), The Australian Institute of Marine and Power Engineers (AIMPE) and the Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stanwell Corporation Limited applied for approval of the Tarong Power Stations Enterprise Agreement 2018 before the Fair Work Commission. The dispute involved the terms and conditions of employment for employees working at Tarong Power Station. The Commission was required to determine whether the agreement met the statutory requirements for approval, including whether it provided for the minimum entitlements of employees, and whether it had been fairly negotiated.

The court examined the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009 to determine whether the agreement complied with the requirements for approval. The court found that the agreement did not provide for the minimum entitlements of employees, as it did not include provisions for maximum weekly hours of work and overtime rates. The court also found that the agreement had not been fairly negotiated, as the employer had not provided the necessary information to the employees' representatives to enable them to negotiate effectively.

As a result, the court did not approve the Tarong Power Stations Enterprise Agreement 2018. The court ordered that the agreement be returned to the parties for further negotiation and revision, to ensure that it complied with the statutory requirements for approval. The court emphasised the importance of ensuring that employees' minimum entitlements were protected and that enterprise agreements were fairly negotiated, to promote industrial peace and avoid unnecessary litigation.

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