DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1325)

LUMA ENERGY PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 3 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Luma Energy 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] 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 10 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Luma Energy Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The respondents, Luma Energy Pty Ltd and ETU Powerline, opposed the application. The dispute was heard in the Fair Work Commission, an Australian federal statutory body with the power to approve, reject, or vary enterprise agreements.

The central issue before the Commission was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the procedural requirements set out in the Act. The respondents argued that the agreement failed to meet these criteria due to procedural flaws and potential detriment to employees.

The Commission found that while the agreement contained provisions that were fair and reasonable, the process by which it was negotiated and agreed upon contained significant procedural irregularities. These irregularities included a failure to provide adequate notice to employees and a lack of transparency in the negotiation process. However, the Commission concluded that these procedural flaws did not render the entire agreement invalid, as the parties had substantially complied with the requirements of the Act. The Commission approved the agreement with minor variations to address the procedural issues identified.

The Fair Work Commission approved the Luma Energy Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020, with certain variations to address the procedural issues. The variations included requirements for enhanced notice provisions and greater transparency in future negotiations. The Commission's decision was based on the finding that, despite procedural shortcomings, the agreement provided for fair and reasonable terms and conditions of employment.

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