DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Suzlon Energy Australia Pty Ltd
(AG2017/1389)

SUZLON ENERGY AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 5 JUNE 2017

Application for approval of the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2017 (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 T/A Suzlon Energy Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

Suzlon Energy Australia Pty Ltd applied to the Fair Work Commission for the approval of the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2017. The applicants were Suzlon Energy Australia Pty Ltd, represented by legal counsel, and the respondents were represented by the Electrical Trades Union of Australia, also represented by legal counsel. The dispute centred around the terms and conditions of employment for service and maintenance employees within the company.

The legal issues before the Commission involved whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically if it provided for the safety and welfare of employees, and whether it was free from any coercion, undue influence or any other form of unfair practice. Another issue was the compliance of the agreement with the "better off overall test" (BOOT), ensuring that employees were not worse off financially compared to their previous conditions.

The Fair Work Commission found that the agreement was fair and met the necessary standards for approval. The Commission acknowledged the parties' negotiations were conducted in good faith and the agreement did not result in any employee being worse off overall. The Commission also found that the agreement included adequate provisions for employee safety and welfare, and there was no evidence of coercion or undue influence. Consequently, the Fair Work Commission approved the Suzlon Energy Australia Service and Maintenance Employees Enterprise Agreement 2017.

The Commission's decision was based on a comprehensive analysis of the agreement's provisions, the bargaining process, and the application of the relevant statutory tests. The Commission highlighted that the agreement contained provisions that addressed key issues such as pay rates, hours of work, leave entitlements, and other employment conditions, all of which were deemed to be fair and reasonable. The Commission also took into account the parties' submissions and the evidence provided during the hearing.

Suzlon Energy Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established