Suzlon Energy Australia Pty Ltd Summary

[2021] FWCA 6797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009 (Cth)
s.185 - Application for approval of a single-enterprise agreement

Suzlon Energy Australia Pty Ltd
(AG2021/7824)

SUZLON ENERGY AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2021.

Electrical power industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 NOVEMBER 2021

Application for approval of the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suzlon Energy Australia Pty Ltd. 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. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Suzlon Energy Australia Pty Ltd applied for approval of an enterprise agreement under the Fair Work Act 2009. The applicants were the employer, Suzlon Energy Australia, and the trade union, the Electrical Trades Union of Australia. The dispute centred on whether the proposed agreement met the requirements of the Act and should be approved by the Fair Work Commission.

The legal issues included whether the agreement contained genuine bargaining between the parties, whether it dealt with terms and conditions of employment, and whether it complied with the provisions of the Act, including the 'better off overall test'. Additionally, the court needed to consider whether the agreement was free from any discriminatory provisions.

The Fair Work Commission found that the agreement was genuinely bargained and met all legal requirements. The agreement was found to be in the best interests of the employees, satisfying the 'better off overall test'. Furthermore, the agreement was free from any discriminatory provisions. The court approved the agreement based on these findings.

The final orders were that the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2021 be approved. The agreement was to be registered by the Fair Work Commission and would have effect from the date of approval. The employees covered by the agreement would be entitled to the terms and conditions set out in the approved agreement.

Suzlon Energy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established