Ausnet Transmission Group Pty Ltd T/A Ausnet Services Summary

[2024] FWCA 3340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ausnet Transmission Group Pty Ltd T/A Ausnet Services

(AG2024/3192)

AUSNET – ASU/APESMA ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER WILSON	MELBOURNE, 30 SEPTEMBER 2024

Application for approval of the AusNet – ASU/APESMA Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the AusNet – ASU/APESMA Enterprise Agreement 2024 (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. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 19 February 2024 and the Agreement was made on 9 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are taken to be a term of the agreement.

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.

The Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch, 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 Association of Professional Engineers, Scientists, and Managers, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2024. The nominal expiry date of the Agreement is 1 June 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ausnet Transmission Group Pty Ltd, trading as Ausnet Services, filed an application seeking approval for the AusNet – ASU/APESMA Enterprise Agreement 2024. The applicant aimed to secure the court's approval for the enterprise agreement, which outlines terms and conditions for employees represented by the Australian Services Union and the Australian Public Service Employees Association. The application was heard in the Fair Work Commission, which is tasked with overseeing and approving such agreements under Australian labour law.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was in good faith, provided for a genuine bargaining process, and contained appropriate terms and conditions that complied with the provisions of the Act. The court needed to ensure that the agreement was not only fair to the employees but also practical and reasonable in the context of the employer's business operations.

In reaching its decision, the court examined the evidence presented regarding the bargaining process, the terms of the agreement, and the compliance with the statutory requirements. The court considered submissions from both the applicant and the relevant unions, as well as any objections raised by other parties. After thorough analysis, the court determined that the enterprise agreement was fair and met all necessary criteria for approval. The agreement was thus deemed to be in good faith and a genuine outcome of the bargaining process, providing appropriate terms and conditions for the employees.

The court granted the application and approved the AusNet – ASU/APESMA Enterprise Agreement 2024, allowing it to take effect as of the date of approval. The agreement was to be registered with the Fair Work Commission, and both parties were required to comply with its terms. The decision marked a significant step in formalising the employment terms and conditions for the employees covered by the agreement.

Ausnet Transmission Group 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