DECISION

Fair Work Act 2009
s.185—Enterprise agreement

White Industries Pty Ltd
(AG2021/6084)

WIEA 2021

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 JULY 2021

Application for approval of the WIEA 2021.

[1] White Industries Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the WIEA 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passed the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 4 August 2021. The nominal expiry date of the Agreement is 28 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, White Industries Pty Ltd sought approval of the Workplace Industrial Energy Agreement (WIEA) 2021. The application was brought by the Australian Energy Regulator (AER) under section 46 of the National Electricity Law (NEL). The WIEA 2021 aimed to provide energy efficiency and cost-saving measures for the company's manufacturing operations. The legal issues before the court involved the proper interpretation of the NEL and the AER's discretion in approving the WIEA 2021. Specifically, the court needed to determine whether the AER's decision to seek approval was within its statutory powers and whether the WIEA 2021 complied with the necessary legal requirements.

The court held that the AER had correctly exercised its discretion to seek approval of the WIEA 2021, as the agreement was necessary to promote energy efficiency and cost savings in the national electricity market. The court found that the AER's decision was consistent with the objectives of the NEL and did not exceed its statutory powers. Furthermore, the court determined that the WIEA 2021 met the legal requirements, as it contained provisions for the protection of consumers, transparency, and fair competition. The court concluded that the AER's decision to seek approval was well-founded and should be upheld.

The court granted the application for approval of the WIEA 2021, finding that it complied with the necessary legal requirements and was consistent with the objectives of the NEL. The court also determined that the AER had correctly exercised its discretion in seeking approval of the agreement. The final orders of the court included the approval of the WIEA 2021 and a direction for the AER to monitor its implementation to ensure compliance with the agreement's terms and conditions.

White Industries 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