DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3753)

CENTRAL POWER PTY. LTD. & ETU POWERLINE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2016

Application for approval of the Central Power Pty. Ltd. & ETU Powerline Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Central Power Pty. Ltd. & ETU Powerline Agreement 2013-2016 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 17 August 2016. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) and Central Power Pty. Ltd. (the employer). The applicant sought approval of the Central Power Pty. Ltd. & ETU Powerline Agreement 2013-2016. The dispute centred on the procedural fairness and merits of the agreement, with the applicant contending that the employer had not acted fairly in negotiating and finalising the agreement.

The central legal issues before the court were whether the employer had engaged in unfair bargaining and if the agreement met the standards of procedural fairness and good faith required by the Fair Work Act 2009. The applicant argued that the employer failed to provide necessary information and engage in meaningful discussions, thus breaching the principles of procedural fairness. Furthermore, the applicant contested the merits of the agreement, claiming that it did not adequately protect the rights and interests of the employees.

The Fair Work Commission found that the employer had indeed engaged in unfair bargaining practices by withholding crucial information and not participating in good faith negotiations. The Commission held that the employer's actions were inconsistent with the principles of procedural fairness and good faith required by the Act. Consequently, the Commission did not approve the agreement, as it was not satisfied that the agreement met the necessary standards. The Commission emphasised the importance of fair and transparent negotiations in the collective bargaining process.

As a result of the decision, the Fair Work Commission did not approve the Central Power Pty. Ltd. & ETU Powerline Agreement 2013-2016. The employer was directed to engage in further negotiations with the applicant to reach an agreement that complied with the principles of procedural fairness and good faith, as well as the requirements of the Fair Work Act 2009.

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