DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1636)

HEALEY INFRASTRUCTURE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Healey Infrastructure 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 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 Fair Work Commission involved an application for approval of the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the enterprise agreement between Healey Infrastructure and the employees covered by the agreement. The dispute centred on whether the agreement complied with the relevant legislative provisions and met the necessary standards for approval. The Fair Work Commission was tasked with examining the agreement and determining its compliance with the Fair Work Act 2009.

The primary legal issues the Fair Work Commission had to address were whether the enterprise agreement was genuinely bargained, met the "better off overall test", and contained all the mandated terms and conditions as required by the Fair Work Act. Additionally, the Commission needed to consider whether the agreement included appropriate mechanisms for the resolution of workplace disputes and whether it adhered to the principles of procedural fairness. The Commission's role was to ensure that the agreement provided fair and reasonable terms for the employees and did not unduly favour either party.

In examining the enterprise agreement, the Fair Work Commission found that it was genuinely negotiated between the parties and satisfied the "better off overall test". The Commission also determined that the agreement contained all the mandated terms and conditions and included appropriate dispute resolution mechanisms. The Commission noted that the agreement provided fair and reasonable terms for the employees and did not unduly favour either party. Consequently, the Fair Work Commission approved the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020, finding it to be compliant with the relevant legislative provisions and meeting the necessary standards for approval.

The Fair Work Commission's final orders were that the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 be approved and registered as a registered agreement under the Fair Work Act. This decision allowed the agreement to take effect and be binding on the parties involved, ensuring that the employees covered by the agreement would benefit from the terms and conditions outlined within it.

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