DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1597)

RURAL ENERGY PTY. LTD. & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 MAY 2019

Application for approval of the Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Rural Energy 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2016-2020. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought to have the agreement approved as a registered low paid enterprise agreement. The dispute arose from the terms of the agreement and the process by which it was negotiated and agreed upon.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and whether it met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether it was negotiated with adequate representation, and whether the agreement complied with the minimum terms and conditions set out in the Act. Furthermore, the Commission was required to consider whether the agreement was in the best interests of the employees it covered.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the relevant statutory provisions. The Commission found that the agreement had been genuinely negotiated between the parties and that the process complied with the statutory requirements. The Commission was satisfied that the agreement was made in good faith and that the employees were adequately represented in the negotiation process. The Commission also found that the agreement met the minimum terms and conditions set out in the Act and that it was in the best interests of the employees it covered. Accordingly, the Commission approved the agreement as a registered low paid enterprise agreement.

The final orders of the Commission were that the Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2016-2020 be approved as a registered low paid enterprise agreement, effective from the date of the Commission’s decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would be binding on all parties for the duration of its term. The Commission also ordered that the application fees be paid by the applicant within the timeframe specified by the Fair Work Commission.

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