DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AusNet Transmission Group Pty Ltd T/A AusNet Services
(AG2018/1695)

AUSNET SERVICES - ETU ENTERPRISE AGREEMENT 2017

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2018

Application for approval of the AusNet Services - ETU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AusNet Services - ETU 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 T/A AusNet Services. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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] The Agreement lodged contained errors at the Table of Contents, Clause 11.4(d)(i), Clause 11.4(d)(ii), Clause 14.1, and Appendix 8. On 27 June 2017 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 26 July 2018 and, in accordance with s.54, will operate from 2 August 2018. The nominal expiry date of the Agreement is 1 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, AusNet Transmission Group Pty Ltd, trading as AusNet Services, applied for the approval of the Enterprise Agreement between the employer and the Electrical Trades Union (ETU). The application was heard in the Fair Work Commission. The primary dispute centred around the terms and conditions outlined in the proposed Enterprise Agreement, specifically whether these terms were fair and reasonable under the relevant legislative framework.

The court was tasked with assessing the fairness of various provisions within the agreement, including those related to employment conditions, wages, and other employment-related matters. The legal issues primarily revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for its submission and consideration.

The Fair Work Commission found that the proposed Enterprise Agreement contained terms that were fair and reasonable. The court considered various factors, including the bargaining power of the parties, the nature of the industry, and the provisions of the Fair Work Act. The decision was influenced by the Commission's view that the agreement provided adequate protections and benefits for the employees while also ensuring that the employer's operational needs were met. Consequently, the Commission approved the AusNet Services - ETU Enterprise Agreement 2017.

AusNet Transmission Group 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