DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3971)

ATC ENERGY PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 DECEMBER 2020

Application for approval of the ATC Energy Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023.

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

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 December 2020 and, in accordance with s 54, will operate from 7 January 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, sought approval of the ATC Energy Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The dispute arose from the negotiation process and the terms contained within the agreement, which the union claimed did not adequately reflect the needs and rights of its members.

The primary legal issues the court was required to address involved whether the agreement was fairly and appropriately negotiated, if the terms were in line with relevant industrial laws, and whether the agreement provided adequate protections and benefits for the union’s members. The union argued that certain provisions were unfavourable and did not adequately protect their members, while the employer contended that the agreement was fair and in line with industry standards.

After examining the evidence and arguments presented by both parties, the Commission concluded that the agreement was fairly negotiated and complied with the relevant industrial laws. The Commission found that the union had not provided sufficient evidence to demonstrate that the agreement was deficient in any significant way. The Commission also noted that the terms of the agreement were consistent with those found in similar industry agreements and provided appropriate protections and benefits for the union’s members.

The Fair Work Commission approved the ATC Energy Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023, dismissing the union’s application for its approval. The Commission found that the agreement was fair and in line with relevant industrial laws, and provided adequate protections and benefits for the union’s members.

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