DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5031)

TIMCO TRANSMISSION LINES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 19 MAY 2021

Application for approval of the Timco Transmission Lines Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Timco Transmission Lines Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise
agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 26 May 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Timco Transmission Lines Pty Ltd. The union sought approval of the Enterprise Agreement between the parties for the period 2020 to 2023. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered. The Commission was required to consider various aspects of the agreement, including its coverage, the process by which it was negotiated, and its provisions in terms of fairness and compliance with statutory standards.

The primary legal issues before the Commission were whether the agreement was a "registered agreement" as defined in the Fair Work Act, and whether it complied with the "better off overall test" (BOOT). The Commission needed to determine if the agreement was made in good faith, whether it covered the appropriate bargaining unit, and if it provided for terms and conditions that were at least as favourable as the relevant awards or safety net award. Additionally, the Commission examined the agreement's compliance with the "no disadvantage test" and whether it met the requirements of "single fault jurisdiction."

In its decision, the Fair Work Commission found that the Enterprise Agreement met all necessary requirements for approval. The Commission determined that the agreement was made in good faith and covered the appropriate bargaining unit. It also found that the agreement provided terms and conditions that were at least as favourable as the relevant awards or safety net award, thereby satisfying the BOOT. The Commission further held that the agreement did not place employees at a disadvantage compared to their previous terms and that it complied with the statutory standards under the Fair Work Act. Consequently, the Commission approved the agreement and ordered its registration.

The final orders of the Commission included the approval and registration of the Timco Transmission Lines Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023, effective from the date of the decision. The Commission directed that the agreement be lodged with the Commission for registration and that the necessary steps be taken to ensure its implementation. The decision confirmed the validity and enforceability of the agreement between the union and the employer, providing certainty for both parties moving forward.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established