DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Synergen Power Pty Ltd
(AG2017/5643)

SYNERGEN POWER PTY LTD ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 3 JANUARY 2018

Application for approval of the Synergen Power Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Synergen Power Pty Ltd 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 Synergen Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers Australia 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Synergen Power Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of a new enterprise agreement. The applicant, Synergen Power Pty Ltd, sought to have the Synergen Power Pty Ltd Enterprise Agreement 2017 approved. This agreement, if approved, would govern the terms and conditions of employment for employees of the company. The dispute centred on whether the agreement met the legal requirements for approval and if it provided for fair and reasonable terms for the employees.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, if it complied with the Fair Work Act 2009, and if it provided for the fair and reasonable terms and conditions of employment. Additionally, the Commission needed to determine if the agreement included all necessary provisions as mandated by the legislation and if it was consistent with the broader principles of the Fair Work Act.

The Fair Work Commission, after reviewing the submissions and evidence provided by both parties, found that the Synergen Power Pty Ltd Enterprise Agreement 2017 was genuinely negotiated and contained terms and conditions that were fair and reasonable. The agreement met all statutory requirements and was consistent with the overarching objectives of the Fair Work Act. The Commission was satisfied that the agreement provided for the protection of employees' interests and did not disadvantage any party unduly. Consequently, the Commission approved the agreement.

In conclusion, the Fair Work Commission approved the Synergen Power Pty Ltd Enterprise Agreement 2017, recognising its compliance with the necessary legal standards and its fairness in providing for the terms and conditions of employment for the employees of Synergen Power Pty Ltd. This decision highlights the importance of ensuring that enterprise agreements meet all statutory requirements and adequately protect the interests of all parties involved.

Synergen Power 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