DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3826)

GRID, LIGHT & POWER & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Grid, Light & Power & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Grid, Light & Power & 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2018. 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 matter involved an application for approval of an enterprise agreement, the Grid, Light & Power & ETU Powerline Enterprise Agreement 2016-2020. The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and its members, sought the Federal Circuit Court's approval of the agreement. The respondent, the employer, opposed the application. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement contained the necessary provisions to be approved by the Fair Work Commission. The court had to consider whether the agreement provided for the resolution of genuine disputes, the method of determining employees' pay and conditions, and whether it included appropriate dispute resolution processes. Additionally, the court examined whether the agreement was free from provisions that were contrary to public policy or that did not comply with the requirements of the Act.

The court considered the application and the objections raised by the employer. It examined the provisions of the agreement to ensure they complied with the statutory requirements. The court found that the agreement contained the necessary provisions for the resolution of genuine disputes and provided for the determination of employees' pay and conditions. The court was satisfied that the agreement included appropriate dispute resolution processes and did not include any provisions contrary to public policy. Consequently, the court approved the Grid, Light & Power & ETU Powerline Enterprise Agreement 2016-2020, finding it met the criteria for approval under the Fair Work Act 2009.

The final orders of the court were that the Grid, Light & Power & ETU Powerline Enterprise Agreement 2016-2020 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to have effect from the date of the court's approval and would remain in force until the earlier of the agreement's expiry or termination in accordance with its terms or the Fair Work Act 2009. The employer was required to give written notice of the agreement's approval to all employees covered by the agreement.

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