DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Green Power Company
(AG2015/2082)

THE GREEN POWER COMPANY ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2015

Application for approval of the Green Power Company Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Green Power Company Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Green Power Company. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 1 April 2015 and, in accordance with s.54, will operate from 8 April 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Green Power Company, an electricity generator, applied to the Fair Work Commission for approval of the Green Power Company Enterprise Agreement 2015 - 2019. The application arose from an enterprise agreement that the company intended to implement, which included provisions regarding the employees' working arrangements and conditions. The dispute involved the company's request for the approval of these provisions under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement satisfied the criteria for "genuine agreement" and whether it contained minimum terms and conditions in line with the Act. The Commission also had to evaluate if the agreement included appropriate mechanisms for resolving disputes between the parties.

In examining the application, the Commission considered the evidence provided by the parties and the provisions of the Fair Work Act 2009. It found that the agreement had been negotiated in good faith and contained the necessary minimum terms and conditions for the employees. The Commission also noted that the agreement included appropriate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement under the Act. The approval allowed the company to implement the agreement and set out the terms and conditions for the employees for the specified period.

The Fair Work Commission approved the Green Power Company Enterprise Agreement 2015 - 2019 under the Fair Work Act 2009. The decision was made based on the evidence provided and the provisions of the Act. The approval allowed the company to implement the agreement and set out the terms and conditions for the employees for the specified period.

The Green Power Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established