DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustpower Limited T/A GSP Energy Pty Ltd
(AG2016/7976)

GSP ENERGY ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2017

Application for approval of the GSP Energy Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GSP Energy 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 Trustpower Limited T/A GSP Energy 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union 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 was approved on 10 March 2017 and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Trustpower Limited, trading as GSP Energy Pty Ltd, and its employees, represented by the Electrical Trades Union of Australia. The dispute centred on the application for approval of the GSP Energy Enterprise Agreement 2017. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was made in accordance with the principles of good faith bargaining.

The legal issues before the Commission included whether the agreement had been made genuinely and in good faith, whether it contained all the terms and conditions of employment required by law, and whether it met the certification requirements under the Act. Additionally, the Commission had to assess whether the agreement was likely to promote harmonious, productive, and economic workplace relations.

In delivering its decision, the Commission found that the agreement had been made genuinely and in good faith. It was determined that all required terms and conditions of employment were included, and the agreement complied with the certification requirements. The Commission also found that the agreement was likely to promote harmonious, productive, and economic workplace relations. Consequently, the application for approval of the GSP Energy Enterprise Agreement 2017 was granted.

The Fair Work Commission approved the GSP Energy Enterprise Agreement 2017, effective from 1 April 2017, subject to the terms and conditions set out in the agreement. The approval was based on the findings that the agreement was made genuinely, in good faith, and met all statutory requirements under the Fair Work Act 2009.

Trustpower Limited T/A GSP Energy 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