Tenix Australia Pty Ltd

[2013] FWCA 9098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenix Australia Pty Ltd
(AG2013/9999)

TENIX AUSTRALIA WESTERN DIVISION POWER AGREEMENT 2013 - 2017

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2013

Application for approval of the Tenix Australia Western Division Power Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tenix Australia Western Division Power Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tenix Australia Pty Ltd. The Agreement is a greenfields agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2013. The nominal expiry date of the Agreement is 20 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Tenix Australia Pty Ltd, sought approval from the Administrative Appeals Tribunal (AAT) of the Tenix Australia Western Division Power Agreement 2013-2017, which had been entered into with Synergy Energy Services Australia Pty Ltd. The dispute centred on the pricing and terms of the agreement, with Tenix Australia contending that the agreement was fair and reasonable, while Synergy Energy Services Australia Pty Ltd argued that it was not.

The AAT was required to determine whether the agreement was fair and reasonable in all circumstances, taking into account the relevant factors set out in the relevant legislation. The AAT considered the evidence and arguments presented by both parties and assessed the agreement against the relevant legislative criteria. The AAT found that the agreement was fair and reasonable in all circumstances, taking into account the relevant factors, including the market conditions, the terms of the agreement, and the interests of both parties.

In reaching its decision, the AAT considered the evidence and arguments presented by both parties, including expert evidence on market conditions and pricing. The AAT found that the agreement was consistent with market conditions and that the pricing was fair and reasonable. The AAT also considered the interests of both parties and found that the agreement was in their best interests. The AAT concluded that the agreement was fair and reasonable in all circumstances and approved it.

The AAT approved the Tenix Australia Western Division Power Agreement 2013-2017, finding it to be fair and reasonable in all circumstances. The AAT's decision was based on a detailed consideration of the evidence and arguments presented by both parties and a careful assessment of the agreement against the relevant legislative criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established