DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1642)

PROMCO UTILITIES PTY. LTD. & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 22 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Promco Utilities 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 22 May 2017 and, in accordance with s.54, will operate from 29 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Promco Utilities Pty. Ltd. The union applied to the Fair Work Commission for approval of an enterprise agreement with Promco Utilities. The agreement in question was the ETU Powerline Enterprise Agreement 2016-2020. The union sought approval for the agreement to be registered and applied for certain provisions to be certified as having effect as protected industrial action provisions.

The central legal issues before the Fair Work Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being approved and registered. Specifically, the Commission had to determine if the agreement met the "better-off-overall test" and if it included provisions that could be certified as protected action provisions under the Act.

The Fair Work Commission assessed the agreement against the statutory requirements. It found that the agreement satisfied the better-off-overall test, meaning that the employees would be better off with the terms of the agreement than without it. The Commission also certified certain provisions as protected industrial action provisions, which provided legal protection for the actions taken under the agreement. The Commission concluded that the agreement was fair and met the necessary criteria for approval and registration.

Consequently, the Fair Work Commission approved and registered the ETU Powerline Enterprise Agreement 2016-2020. The agreement was deemed to be compliant with the Fair Work Act 2009 and was certified for its protected action provisions. This decision allowed the agreement to be implemented and enforced, providing legal certainty for both the union and the employer.

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