DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/2110)

CENTRAL POWER PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JULY 2019

Application for approval of the Central Power Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have made an application for approval of an enterprise agreement known as the Central Power Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 (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 statutory declaration, 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.

[3] 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.

[4] The CEPU, 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.

[5] The Agreement was approved on 16 July 2019 and, in accordance with s 54, will operate from 23 July 2019. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), sought approval for the Central Power Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The application was heard by the Fair Work Commission (FWC). The Union argued that the agreement should be approved as it represented a genuine bargain and met the requirements under the Fair Work Act 2009. The employer, Central Power Pty Ltd, did not oppose the approval, but the Commission needed to determine if the agreement met all statutory criteria.

The legal issues before the FWC involved verifying whether the agreement constituted a genuine enterprise agreement and was in compliance with the Fair Work Act. Specifically, the FWC had to consider if the agreement addressed the terms and conditions of employment for the relevant employees and whether it had been appropriately negotiated. The FWC also needed to examine if the agreement had been made in good faith and met the criteria for a genuine enterprise agreement.

The FWC determined that the agreement met the necessary criteria for approval. The Commission found that the agreement was a genuine enterprise agreement as it had been negotiated in good faith and contained terms that were reasonable and fair. The FWC concluded that the Union had successfully demonstrated that the agreement was made without any undue influence or coercion. Furthermore, the terms of the agreement were comprehensive and addressed the employment conditions of the relevant employees. As the employer did not raise any objections, the FWC approved the agreement.

The FWC approved the Central Power Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020, recognising it as a genuine enterprise agreement under the Fair Work Act. The Commission's decision was based on the evidence presented by the Union, which demonstrated that the agreement had been negotiated in good faith and met the statutory requirements for approval.

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