Suzlon Energy Australia Pty Ltd

[2024] FWCA 4704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suzlon Energy Australia Pty Ltd

(AG2024/4696)

SUZLON ENERGY AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2024

Electrical power industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 30 DECEMBER 2024

Application for approval of the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2024

Sulzon Energy Australia Pty Ltd has applied for approval of an enterprise agreement known as the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical Power Industry Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2024. The nominal expiry date of the Agreement is 27 March 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Suzlon Energy Australia Pty Ltd, sought approval of the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2024. The dispute was heard by the Fair Work Commission, a federal workplace relations tribunal with jurisdiction over enterprise agreements under the Fair Work Act 2009 (Cth). The applicant sought to certify the proposed enterprise agreement as a simple greenfield agreement, which would not require employee approval and would commence immediately upon certification.

The key legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act and was consistent with the principles of the Fair Work system. Specifically, the Commission considered whether the agreement was fairly negotiated, contained all the mandated terms and conditions, and did not unfairly discriminate against employees. The Commission also had to assess whether the agreement provided for adequate pay and conditions, including minimum wage rates, leave entitlements, and penalty rates for work on public holidays and weekends.

The Fair Work Commission found that the proposed agreement was fairly negotiated and contained all the mandated terms and conditions. The Commission also determined that the agreement did not unfairly discriminate against employees and provided for adequate pay and conditions. The Commission approved the proposed agreement, finding that it met the requirements of the Fair Work Act and was consistent with the principles of the Fair Work system. The agreement was certified as a simple greenfield agreement and came into effect immediately upon certification.

The Fair Work Commission certified the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2024 as a simple greenfield agreement, effective from the date of certification. The Commission found that the agreement was fairly negotiated, contained all the mandated terms and conditions, and did not unfairly discriminate against employees. The agreement provides for adequate pay and conditions, including minimum wage rates, leave entitlements, and penalty rates for work on public holidays and weekends.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established