DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/4869)

FORMWAY GROUP LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016 - 2020

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Formway Group LTD & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Formway Group 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. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 February 2018 and, in accordance with s.54, will operate from 2 March 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Formway Group LTD & ETU Powerline Enterprise Agreement 2016-2020. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees of Formway Group LTD, who were represented by the union, and whether the proposed agreement met the legal requirements for registration.

The central legal issue was whether the agreement contained all the mandated terms as required by section 232 of the Fair Work Act 2009. The union argued that the agreement met all necessary criteria, including minimum entitlements, while the employer contended that certain provisions did not comply with the statutory requirements. The court had to examine the contents of the agreement to ascertain whether it adhered to the legal standards and whether it was fair and reasonable.

The Commission found that while the agreement largely complied with the Fair Work Act, there were several issues that needed to be addressed. Specifically, certain provisions regarding penalty rates and shift loadings were not adequately detailed and did not meet the specificity required by law. The Commission also noted that the agreement contained several clauses that exceeded the employer’s bargaining power. After negotiations and amendments to rectify these issues, the agreement was deemed to meet the necessary criteria for approval. The Commission approved the enterprise agreement subject to the modifications made to address the identified concerns.

The final orders included the approval of the amended Formway Group LTD & ETU Powerline Enterprise Agreement 2016-2020, with specific conditions that the employer must adhere to the corrected terms and ensure compliance with the Fair Work Act. The union was also directed to ensure that the employees were informed of the approved terms and any changes made to 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