DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stanwell Corporation Limited
(AG2018/7177)

STANWELL CORPORATION LIMITED CORPORATE OFFICES ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 14 MAY 2019

Application for approval of the Stanwell Corporation Limited Corporate Offices Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stanwell Corporation Limited Corporate Offices 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] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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, will operate from 21 May 2019. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stanwell Corporation Limited applied to the Fair Work Commission for approval of its Corporate Offices Enterprise Agreement 2018. The application was made by the corporation, and the application was opposed by the Australian Services Union (ASU). The nature of the dispute was centred around the terms and conditions of employment for employees within the corporate offices of Stanwell Corporation Limited. The Fair Work Commission, as the relevant authority under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement was genuinely a product of bargaining between the parties, whether the agreement complied with the good faith bargaining requirements, and whether the agreement provided for procedural fairness and avoided discrimination. Additionally, the Commission had to consider if the agreement met the public interest test by ensuring that employees were not disadvantaged and that the terms were fair and reasonable.

The Commission considered the evidence and submissions from both parties, including the process of bargaining and the provisions of the agreement. It found that the agreement was genuinely the product of genuine bargaining between the parties. The Commission was satisfied that the bargaining process complied with the good faith requirements and that the agreement provided for procedural fairness. Furthermore, the Commission concluded that the agreement did not disadvantage employees and met the public interest test. Based on these findings, the Commission approved the application for the agreement.

The Fair Work Commission approved the application for the Stanwell Corporation Limited Corporate Offices Enterprise Agreement 2018. The Commission ordered that the agreement be registered, effective from the date of the decision. This decision confirmed the validity of the agreement and allowed the terms and conditions outlined within it to govern the employment of the relevant employees.

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