Ausgrid Management Pty Ltd T/A Ausgrid

[2025] FWCA 493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ausgrid Management Pty Ltd T/A Ausgrid

(AG2025/23)

AUSGRID ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER P RYAN	SYDNEY, 7 FEBRUARY 2025

Application for approval of the Ausgrid Enterprise Agreement 2024

Ausgrid Management Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Ausgrid Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clause 3.6 of the Agreement provides that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Municipal, Administrative, Clerical and Services Union (ASU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Community and Public Sector Union (CPSU), and the Mining and Energy Union (MEU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMWU, the APESMA, the ASU, the CEPU, the CPSU, and the MEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 1 September 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ausgrid Management Pty Ltd, trading as Ausgrid, applied to the Fair Work Commission for approval of the Ausgrid Enterprise Agreement 2024. The applicant is a major electricity distribution company in New South Wales, and the dispute centred on the terms and conditions of employment for its workforce. The Commission, under the Fair Work Act 2009, was tasked with determining whether the agreement met the criteria for registration as a registered agreement. The applicant argued that the agreement was fair and reasonable, while the union representing the employees contested certain provisions.

The primary legal issue before the Commission was whether the agreement satisfied the requirements of section 232 of the Fair Work Act, which stipulates that a registered agreement must provide for, or provide mechanisms for determining, employees' wages and other conditions of employment. The Commission had to assess the fairness of the provisions concerning wages, hours of work, leave entitlements, and other conditions. Additionally, the Commission examined whether the agreement provided adequate protections for employees, including those in junior and casual positions.

In reaching its decision, the Commission considered the nature of the bargaining process, the fairness of the terms and conditions proposed, and the balance of rights and obligations between the parties. The Commission found that the majority of the agreement's provisions were fair and reasonable, taking into account the need for flexibility in the electricity distribution industry. However, it made several adjustments to ensure the agreement met the statutory requirements for registration. The Commission was satisfied that the modified agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Ausgrid Enterprise Agreement 2024 with certain modifications. The modifications included adjustments to the provisions concerning pay rates, allowances, and certain conditions of employment to ensure they met the statutory requirements for fairness. The Commission's decision was based on a comprehensive assessment of the agreement's provisions and the bargaining process, ultimately concluding that the agreement, as modified, provided for fair and reasonable terms and conditions of employment for the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established