DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AusNet Transmission Group Pty Ltd and AusNet Electricity Services Pty Ltd T/A AusNet Services
(AG2017/1319)

AUSNET SERVICES - ASU/APESMA ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER ROE	MELBOURNE, 29 MAY 2017

Application for approval of the Ausnet Services - ASU/APESMA Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AusNet Services – ASU/APESMA Enterprise Agreement 2017 (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] The Applicant has 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.

[3] 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 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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.

[7] The Agreement was approved on 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved AusNet Transmission Group Pty Ltd and AusNet Electricity Services Pty Ltd, trading as AusNet Services, and the application for the approval of the AusNet Services - ASU/APESMA Enterprise Agreement 2017. The dispute centred on whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the fairness and registration of the enterprise agreement. The matter was heard in the Fair Work Commission, which has the authority to assess and approve such agreements.

The primary legal issues the court was required to decide involved whether the enterprise agreement met the criteria for 'simplification' as defined under the Fair Work Act 2009, and whether the agreement was fair and just. Specifically, the court needed to determine if the agreement contained all the mandatory terms prescribed by the Act, if the agreement was free from any unfair content, and if the agreement had been fairly negotiated and applied procedural fairness.

The Fair Work Commission found that the AusNet Services - ASU/APESMA Enterprise Agreement 2017 complied with the requirements of the Fair Work Act 2009. The court held that the agreement contained all the mandatory terms, was free from any unfair content, and had been fairly negotiated. The agreement was also found to be procedurally fair, ensuring that all parties had a reasonable opportunity to express their views and be heard. Based on these findings, the court approved the agreement, confirming its compliance with the statutory requirements.

The final orders of the court included the approval of the AusNet Services - ASU/APESMA Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms and conditions as stipulated within the approved agreement.

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