DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/385)

VOLTEK PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Voltek 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a single enterprise agreement.

[2] The Applicant 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 CEPU 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 9 March 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was called upon to approve the Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The union, acting on behalf of its members, applied for the agreement to be approved under the Fair Work Act 2009, while the employer, Voltek Pty Ltd, opposed the application. The dispute centred on various aspects of the proposed agreement, including whether it met the requirements for approval under the Act, and whether the terms were fair and reasonable.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements set out in the Fair Work Act, and whether the terms and conditions of the agreement were fair and reasonable. The Commission had to determine whether the agreement provided for a fair and efficient method of determining wages and other conditions of employment, and whether it met the procedural fairness requirements, including adequate consultation and notification processes. Additionally, the Commission examined whether the agreement adequately protected the rights and interests of employees, particularly in light of any potential adverse effects on their employment conditions.

The Commission considered the evidence and submissions presented by both parties and found that the agreement met the formal requirements for approval under the Fair Work Act. The Commission noted that the agreement had been the subject of extensive consultation between the parties and that it provided for an efficient method of determining wages and other conditions of employment. The Commission was satisfied that the agreement contained terms and conditions that were fair and reasonable, and that it provided adequate protection for the rights and interests of employees. Accordingly, the Commission approved the Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020, subject to certain minor amendments to address specific concerns raised during the proceedings.

The final orders of the Commission included the approval of the enterprise agreement with the aforementioned minor amendments. The Commission directed that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision until such time as it was replaced or terminated in accordance with the agreement's provisions. The decision marked a resolution to the dispute and provided a framework for the fair and efficient determination of wages and other employment conditions for the parties involved.

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