CitiPower Pty T/A CitiPower Summary

[2014] FWCA 1671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CitiPower Pty T/A CitiPower
(AG2014/3708)

CITIPOWER (ASU; APESMA; NUW) ENTERPRISE AGREEMENT 2013

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 11 MARCH 2014

Application for approval of the Citipower (ASU; APESMA; NUW) Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Citipower (ASU; APESMA; NUW) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Act by Ms Liza Teresinski, of CitiPower Pty T/A CitiPower (CitiPower). The Agreement is a single Enterprise Agreement.

[2] On reading the terms of the Agreement, I became concerned that the terms of the Agreement might not meet the better off overall test as required by s.186(2)(d) of the Act. I advised the Applicant of those concerns.

[3] Ms Teresinski of CitiPower has provided written Undertakings. A copy of those Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act.

[4] Subject to the Undertakings referred to above, 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.

[5] An F18 — Statutory declaration of employee organisation in relation to an application for approval of an enterprise agreement was lodged by each of the Australian Municipal, Administrative, Clerical and Services Union (the ASU); the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and the National Union of Workers (the NUW). Those employee organisations have been provided with a copy of the Undertakings. No objections to the Undertakings have been received.

[6] The ASU, APESMA and the NUW, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers these organisations.

[7] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from seven days after the approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Enterprise Agreement between CitiPower Pty T/A CitiPower and certain of its employees. The dispute arose as CitiPower sought to have the agreement, which had been negotiated with the union, formally approved under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval.

The key legal issues before the Commission were whether the agreement complied with the requirements set out in the Fair Work Act, including whether it was made in good faith and whether it met the "better off overall test." The Commission needed to examine the negotiation process, the content of the agreement, and the implications for the employees it covered. The union argued that the agreement was fair and met all necessary statutory requirements, while CitiPower contended that it had negotiated in good faith and that the agreement was beneficial to both parties.

The Fair Work Commission found that the agreement was made in good faith and met the "better off overall test." The Commission detailed that the negotiation process was transparent and that the agreement provided benefits to the employees that outweighed any detriments. The Commission also noted the inclusion of various protections and entitlements for employees, which they deemed sufficient to meet the statutory requirements. The decision was made on the basis that the agreement was fair and met the legal standards necessary for approval.

The Commission approved the Enterprise Agreement, finding it met all the criteria for approval under the Fair Work Act. The decision was based on the evidence presented regarding the negotiation process, the content of the agreement, and the overall impact on the employees. The approval of the agreement was thus confirmed, allowing it to be implemented as intended.

CitiPower Pty T/A CitiPower

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established