DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/3928)

POWER CABLES PTY LTD & ETU POWERLINE ENTERPISE AGREEMENTS 2016-2020

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 24 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Power Cables 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] 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 1 December 2017. 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 before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The Union argued that the proposed agreement should be approved under the Fair Work Act 2009. The case was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The primary legal issue for the court was to determine whether the proposed enterprise agreement met the criteria for registration under the Fair Work Act. The court had to consider various factors, including the agreement's compliance with the "better off overall test" and whether it contained appropriate dispute resolution mechanisms. The court also needed to ensure that the agreement was made in good faith and that its provisions were not discriminatory.

In reaching its decision, the court examined the terms of the proposed agreement and the evidence provided by both parties. The court found that the agreement was consistent with the requirements of the Fair Work Act, including meeting the "better off overall test". It was also determined that the agreement was made in good faith and did not contain any discriminatory provisions. Furthermore, the court was satisfied that the dispute resolution mechanisms were appropriate and would provide fair and effective means for resolving any disputes that may arise under the agreement. Based on these findings, the court approved the enterprise agreement.

As a result of the court's decision, the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 was approved and registered under the Fair Work Act. This means that the agreement will now be legally binding on the parties and will govern the terms and conditions of employment for the duration of the agreement. The Union and Power Cables Pty Ltd are now required to abide by the terms of the agreement, and any disputes arising from its interpretation or application will be resolved in accordance with the dispute resolution mechanisms set out in 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