Addelec Power Services Pty Ltd

[2023] FWCA 2862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Addelec Power Services Pty Ltd

(AG2023/2916)

ADDELEC POWER SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2022

Electrical power industry
DEPUTY PRESIDENT DEAN	CANBERRA, 6 SEPTEMBER 2023

Application for approval of the Addelec Power Services Pty Ltd Single Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Addelec Power Services Pty Ltd Single Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Addelec Power Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2023. The nominal expiry date of the Agreement is 2 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Addelec Power Services Pty Ltd sought approval of a Single Enterprise Agreement (SEA) for its employees. The proposed agreement was to cover employees who are part of the electrical trade workers’ classification under the Electrical and Electronics Union. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process followed in negotiating and finalising the agreement. The Commission had to determine if the agreement was genuinely negotiated and if it complied with the relevant provisions of the Act.

The primary legal issue was whether the SEA was genuinely negotiated, as required by section 176 of the Fair Work Act 2009. The negotiation process and the involvement of the relevant union were scrutinized to ensure compliance with the statutory framework. Additionally, the Commission examined whether the agreement contained all the prescribed terms and conditions and if it was fair and reasonable in all respects. The fairness and reasonableness of the agreement were assessed based on its alignment with the national minimum standards and the overall impact on the employees.

After reviewing the evidence and submissions, the Commission found that the SEA was genuinely negotiated and complied with the statutory requirements. The evidence demonstrated that the employer had engaged in good faith negotiations with the union and that the union had adequately represented the employees. The Commission also found that the agreement contained all the necessary prescribed terms and conditions and was fair and reasonable. Consequently, the application for approval of the SEA was granted. The decision highlighted the importance of following proper negotiation procedures and ensuring that all parties' interests were considered in the agreement.

The final orders included the approval of the Addelec Power Services Pty Ltd Single Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would apply to all employees covered by the union classification. The decision underscored the Commission's commitment to ensuring that enterprise agreements meet the statutory standards and protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established