Ausgrid Management Pty Ltd T/A Ausgrid Summary

[2021] FWCA 7123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausgrid Management Pty Ltd T/A Ausgrid
(AG2021/8570)

AUSGRID ENTERPRISE AGREEMENT 2021

Electrical power industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 DECEMBER 2021

Application for approval of the Ausgrid Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Ausgrid Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in 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 who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, the Community and Public Sector Union, and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that each union wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 December 2021. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ausgrid Management Pty Ltd, trading as Ausgrid, sought approval for the Ausgrid Enterprise Agreement 2021. The application was opposed by the Australian Services Union (ASU). The dispute centred on the terms and conditions of employment for Ausgrid's employees, including wages, working hours, and various workplace provisions.

The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009, particularly in relation to minimum wage rates, annual leave provisions, and the process for resolving workplace disputes. The ASU argued that the proposed agreement failed to meet the statutory requirements and did not adequately protect employee rights.

The Commission carefully examined the provisions of the agreement against the statutory framework. It found that while some aspects of the agreement did not align perfectly with the statutory minimum standards, the overall agreement was considered to be in the best interests of the employees. The Commission emphasised the need for a balance between the rights of employers and employees, and concluded that the agreement provided sufficient protections and benefits to warrant its approval. The Commission granted approval for the Ausgrid Enterprise Agreement 2021, subject to certain conditions aimed at ensuring compliance with the Fair Work Act.

Ausgrid Management Pty Ltd T/A Ausgrid

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established