DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AusNet Transmission Group Pty Ltd and AusNet Electricity Services Pty Ltd T/A AusNet Services
(AG2019/4970)

AUSNET SERVICES - ASU/APESMA ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JANUARY 2020

Application for approval of the AusNet Services - ASU/APESMA Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AusNet Services - ASU/APESMA Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AusNet Transmission Group Pty Ltd and AusNet Electricity Services Pty Ltd T/A AusNet Services. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 January 2020 and, in accordance with s.54, will operate from 24 January 2020. The nominal expiry date of the Agreement is 1 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, AusNet Transmission Group Pty Ltd and AusNet Electricity Services Pty Ltd, trading as AusNet Services, sought approval for the ASU/APESMA Enterprise Agreement 2020. The application was made under section 233 of the Fair Work Act 2009, seeking the agreement be made binding on all employees covered by the agreement. The Australian Services Union and the Australian Public Service and Emergency Services Management Association were the applicants on behalf of the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for registration under the Fair Work Act, specifically whether the agreement provided for a fair and efficient workplace. This included an assessment of whether the agreement adequately protected employees' rights and interests, and whether it complied with the good faith bargaining requirement. The Commission also considered whether the agreement provided for a fair and efficient workplace and if it was in the best interests of the employees.

The Commission found that the agreement met the criteria for registration. It was satisfied that the agreement provided for a fair and efficient workplace, and that it was in the best interests of the employees. The agreement provided for a range of protections for employees, including provisions for leave, pay, and workplace health and safety. The Commission was also satisfied that the agreement complied with the good faith bargaining requirement and that it had been negotiated in good faith. The Commission noted that the agreement provided for a range of protections for employees, including provisions for leave, pay, and workplace health and safety.

The Commission approved the ASU/APESMA Enterprise Agreement 2020 and made it binding on all employees covered by the agreement. The agreement was registered on the Register of Approved Agreements under section 173 of the Fair Work Act. The decision provides guidance for employers and employees on the requirements for an enterprise agreement to be approved by the Fair Work Commission.

AusNet Transmission Group Pty Ltd and AusNet Electricity Services Pty Ltd T/A AusNet Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established