Stanwell Corporation Limited T/A Stanwell Corporation Summary

[2022] FWCA 822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stanwell Corporation Limited T/A Stanwell Corporation

(AG2022/423)

Stanwell Corporation Limited Corporate Offices Enterprise Agreement 2021

Electrical power industry
COMMISSIONER HUNT	BRISBANE, 10 MARCH 2022

Application for approval of the Stanwell Corporation Limited Corporate Offices Enterprise Agreement 2021

Stanwell Corporation Limited T/A Stanwell Corporation (the Employer) has applied for approval of an enterprise agreement known as the Stanwell Corporation Limited Corporate Offices Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Municipal, Administrative, Clerical and Services Union (ASU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received as to the undertakings.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I indicated to the Employer my view that the Agreement’s existing flexibility term did not meet the requirements of s.203 of the Act, and that in the event of approval, the model flexibility term will be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 to the Fair Work Regulations 2009 is attached to the Agreement and is taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The ASU and APESMA, 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) of the Act I note that the Agreement covers the ASU and APESMA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2022. The nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application by Stanwell Corporation Limited to have the Fair Work Commission (FWC) approve the Stanwell Corporation Limited Corporate Offices Enterprise Agreement 2021. The dispute centred on the agreement's terms and conditions, which were to govern the employment of certain employees within the corporate offices of Stanwell Corporation. The application was heard by the FWC, which was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues before the FWC were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it contained all the necessary provisions to be deemed a single, integrated agreement. Specifically, the FWC had to consider whether the agreement met the requirements for single-enterprise agreements, including that it covered all employees in a single enterprise, and whether it contained all the mandatory minimum terms and conditions as prescribed by the Act. The FWC also needed to ensure that the agreement did not unfairly disadvantage any employee.

In reaching its decision, the FWC considered the provisions of the agreement and the evidence presented by both parties. The Commission noted that the agreement was intended to cover all employees within the corporate offices of Stanwell Corporation and that it contained all the mandatory minimum terms and conditions as required by the Fair Work Act. The FWC found that the agreement was a single, integrated document and that it did not unfairly disadvantage any employee. Consequently, the FWC approved the agreement, finding that it met all the statutory requirements for approval.

The final orders of the FWC were that the Stanwell Corporation Limited Corporate Offices Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the FWC and would commence on the date of the decision, applying to all employees covered by the agreement. The approval was subject to the terms and conditions set out in the agreement.

Stanwell Corporation Limited T/A Stanwell Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established