DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/3692)

PACIFIC POWERLINE SERVICES & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2017

Application for approval of the Pacific Powerline Services & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Powerline Services & 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] 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) 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 29 September 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to the Fair Work Commission for the approval of the Pacific Powerline Services & ETU Powerline Enterprise Agreement 2016-2020. The applicant union represents the employees of Pacific Powerline Services, and the enterprise agreement in question pertains to the terms and conditions of employment for these workers. The dispute arises from the need for the agreement to be formally approved by the Fair Work Commission to ensure its compliance with the Fair Work Act 2009 and its enforceability.

The legal issues the court was required to decide centred on whether the terms of the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement met the procedural requirements for its approval, such as proper notification and consultation with the employees and the employer, as well as substantive compliance with the provisions of the Fair Work Act. The court also needed to assess whether the agreement included all the mandatory terms prescribed by the Act and whether any provisions were contrary to public policy or contravened any other relevant legislation.

The Fair Work Commission considered the evidence and submissions presented by both the union and the employer. The Commission found that the agreement had been negotiated in good faith and that the union had adequately represented the interests of the employees. The Commission also determined that the agreement was in compliance with the procedural requirements of the Fair Work Act and that it contained all the mandatory terms prescribed by the Act. The Commission concluded that the agreement did not include any provisions that were contrary to public policy or that contravened any other relevant legislation. Therefore, the Commission approved the enterprise agreement, finding it to be fair and reasonable for the purposes of the Fair Work Act.

The Fair Work Commission approved the Pacific Powerline Services & ETU Powerline Enterprise Agreement 2016-2020, finding it to be in compliance with the Fair Work Act and all other relevant legislation. The agreement is now legally binding on the employer and the employees covered by the agreement. The union and the employer are required to implement the terms of the agreement and ensure that it is adhered to by all parties.

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