Ausnet Electricity Services Pty Ltd T/A AusNet Services Summary

[2024] FWCA 4135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ausnet Electricity Services Pty Ltd T/A AusNet Services

(AG2024/4195)

AUSNET & ETU ENTERPRISE AGREEMENT 2023-2026

Electrical power industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 26 NOVEMBER 2024

Application for approval of the AusNet & ETU Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the AusNet & ETU Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AusNet Electricity Services Pty Ltd T/A AusNet Services. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Applicant has only filed one form F17B on behalf of the employers. However, noting that they are single interest employers, I dispense with compliance with rule 32(3) in accordance with rule 7 of the Fair Work Commission Rules 2024 (Cth).

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The CEPU support approval of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 27.15 – Compassionate Leave;
· Clause 28.3(g) – Redundancy Process; and
· Clause 29(k) – Termination of Employment.

However, noting clause 6(c) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2024. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Ausnet Electricity Services Pty Ltd, trading as AusNet Services, and the Electrical Trades Union (ETU). The dispute centred on the application for approval of the AusNet & ETU Enterprise Agreement 2023-2026. The application was brought before the Fair Work Commission (FWC) to determine if the enterprise agreement met the statutory requirements for approval. The FWC had to assess whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it was in the best interests of the employer and employees.

The primary legal issues that the FWC had to decide included whether the agreement complied with the Fair Work Act 2009, particularly sections that relate to the approval of enterprise agreements. The FWC needed to examine the provisions of the agreement to ensure that it did not adversely affect employees' rights, entitlements, or conditions of employment. Additionally, the FWC had to assess if the agreement was certified as a genuine agreement by the Australian Bureau of Statistics (ABS) and whether the agreement contained any unlawful content or provisions that were outside the scope of the agreement.

In its decision, the FWC carefully reviewed the provisions of the AusNet & ETU Enterprise Agreement 2023-2026. The FWC noted that the agreement had been certified as a genuine agreement by the ABS and that it contained terms and conditions that were fair and reasonable. The FWC considered the impact of the agreement on both the employer and employees, ensuring that it did not adversely affect employees' rights, entitlements, or conditions of employment. The FWC concluded that the agreement met the statutory requirements for approval under the Fair Work Act 2009. Consequently, the FWC approved the AusNet & ETU Enterprise Agreement 2023-2026.

Ausnet Electricity Services Pty Ltd T/A AusNet Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established