DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1624)

NORTH VIC ELECTRICITY SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2019

Application for approval of the North Vic Electricity Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the North Vic Electricity Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 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 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.

[5] The Agreement was approved on 31 May 2019 and, in accordance with s.54, will operate from 7 June 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval for the Enterprise Agreement between North Vic Electricity Services Pty Ltd and the ETU Powerline, covering the period from 2016 to 2020. The union argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the court in this matter. The primary legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements for approval, including whether it had been fairly negotiated, and if it provided for appropriate pay and conditions.

The Commission examined the negotiation process and the contents of the agreement, ensuring it met the criteria set out in the Fair Work Act. The union demonstrated that the agreement was the result of genuine negotiations between the parties. The Commission also reviewed the pay and conditions outlined in the agreement, ensuring they were fair and reasonable. The Commission found that the agreement was fairly negotiated and contained appropriate terms and conditions, and thus, met the criteria for approval under the Fair Work Act. The application for approval of the Enterprise Agreement was successful.

The Fair Work Commission approved the North Vic Electricity Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020, recognising it as a lawful agreement meeting the statutory requirements for approval. This decision highlights the importance of genuine negotiations and fair terms and conditions in enterprise agreements, as mandated by the Fair Work Act. The Commission's approval of this agreement sets a precedent for similar agreements in the industry.

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