[2018] FWCA 3468

The attached document replaces the document previously issued with the above code on 13 June 2018.

There was an error in the Agreement name.

Agreements Team

Dated 14 June 2018

[2018] FWCA 3468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/714)

PRASINUS ENERGY SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Prasinus Energy 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] I note the Clause 33 is inconsistent with the National Employment Standards as it states that apprentices are not entitled to notice of termination. Given the National Employment Standards precedence clause at Clause 9 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[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 20 June 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 the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the respondent was Prasinus Energy Services Pty Ltd. The dispute was heard in the Fair Work Commission of Australia. The union sought approval of the enterprise agreement, which outlined the terms and conditions of employment for the employees of Prasinus Energy Services Pty Ltd.

The key legal issues before the Commission were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it was made in good faith, and whether it contained the minimum terms and conditions as required by the Act. Additionally, the Commission had to determine whether the agreement provided for the proper operation of the enterprise, and whether it had been made without coercion, harassment or undue influence.

In determining the application, the Commission considered the evidence provided by both parties, including witness statements and documentary evidence. The Commission found that the enterprise agreement was made in good faith and met the minimum terms and conditions required by the Act. The Commission also found that the agreement provided for the proper operation of the enterprise, and that it had been made without coercion, harassment or undue influence. The Commission was satisfied that the agreement was fair and reasonable, and therefore approved the application for registration of the enterprise agreement.

The Fair Work Commission approved the registration of the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The Commission found that the agreement met the statutory requirements under the Fair Work Act 2009, and was made in good faith, without coercion, harassment or undue influence. The agreement was deemed to provide for the proper operation of the enterprise and contained the minimum terms and conditions as required by the Act. The Commission's decision was binding on both parties, and the enterprise agreement came into effect from the date of registration.

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