DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5093)

POWERLIGHT PROPRIETARY LIMITED AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 29 OCTOBER 2018

Application for approval of the Powerlight Proprietary Limited and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Powerlight Proprietary Limited and ETU Enterprise Agreement 2017-2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 5 November 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Powerlight Proprietary Limited and the Electrical Trades Union Enterprise Agreement 2017-2021. The dispute arose from the negotiation of the terms and conditions of employment between Powerlight, an electricity distribution company, and the Electrical Trades Union, which represents the employees of Powerlight. The Commission was tasked with assessing whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided for the pay and conditions of employees in a fair and reasonable manner, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement included adequate provisions for employee entitlements, such as wages, hours of work, leave, and dispute resolution mechanisms, and if it adhered to the ‘better off overall test’. This test requires that no employee be worse off overall under the terms of the agreement compared to their previous conditions of employment.

The Commission examined the terms of the agreement in detail, considering the submissions from both Powerlight and the Electrical Trades Union. It found that the agreement contained provisions that met the statutory requirements and provided for the fair and reasonable pay and conditions of employees. The Commission was satisfied that the agreement did not result in any employee being worse off overall and that it included appropriate mechanisms for dispute resolution. Consequently, the Commission approved the Powerlight Proprietary Limited and Electrical Trades Union Enterprise Agreement 2017-2021.

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