DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunset Power International Pty Ltd T/A Delta Electricity
(AG2018/6348)

DELTA ELECTRICITY EMPLOYEES’ ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 FEBRUARY 2019

Application for approval of the Delta Electricity Employees’ Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Delta Electricity Employees’ Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sunset Power International Pty Ltd T/A Delta Electricity. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Association of Professional Engineers, Scientists and Managers Australia, the Community and Public Sector Union, the Construction, Forestry, Maritime, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union 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 these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Sunset Power International Pty Ltd trading as Delta Electricity, applied for approval of the Delta Electricity Employees’ Agreement 2019. The applicant sought to have the agreement, which contained terms and conditions of employment for its employees, approved by the Commission. The application was made under the Fair Work Act 2009, which provides for the registration and approval of certain types of agreements.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement provided for the protection of employees’ rights and interests, and whether it was made in good faith and without coercion. The Commission also had to determine whether the agreement complied with the relevant provisions of the Act, including the requirement that it provide for minimum terms and conditions of employment.

In determining the application, the Commission considered the evidence and submissions provided by the parties. The Commission found that the agreement provided for the protection of employees’ rights and interests, and that it was made in good faith and without coercion. The Commission also found that the agreement complied with the relevant provisions of the Act, including the requirement that it provide for minimum terms and conditions of employment. Accordingly, the Commission approved the agreement.

The Commission approved the Delta Electricity Employees’ Agreement 2019, subject to certain conditions. The conditions included the requirement that the applicant provide written notice to the Commission of any changes to the agreement, and that the agreement be made available to employees and their representatives. The Commission also imposed a requirement that the applicant provide certain information to the Commission in relation to the operation of the agreement.

Sunset Power International Pty Ltd T/A Delta Electricity

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established