DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/2519)

ACE ENERGY SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2016

Application for approval of the Ace Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Ace Energy Services Pty Ltd & ETU Powerline Enterprise 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 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 12 April 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 matter before the Fair Work Commission concerned an application for approval of the Ace Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees, and Ace Energy Services Pty Ltd, the employer. The dispute centred on whether the enterprise agreement should be certified as compliant with the relevant provisions of the Fair Work Act 2009.

The central legal issues addressed by the Commission were whether the agreement met the statutory requirements for certification, particularly focusing on the provisions concerning employee entitlements, classification, and dispute resolution. The Commission examined the fairness of the agreement, considering whether it provided for procedural fairness, met the minimum safety net entitlements, and was free from any elements that could be considered contrary to public policy. The Commission also assessed whether the agreement had been genuinely negotiated between the parties in good faith.

In its decision, the Commission outlined that the enterprise agreement had been entered into after proper negotiation and consultation between the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate classification and remuneration for employees. It was also noted that the agreement contained provisions for dispute resolution that were compliant with the Fair Work Act. The Commission was satisfied that the agreement met all the statutory requirements for certification, including the minimum safety net entitlements and procedural fairness. Consequently, the Commission approved the enterprise agreement for registration.

The final orders of the Commission were that the Ace Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016 be approved and registered with the Fair Work Commission. This registration ensures that the agreement will be enforceable between the parties and that it provides a fair framework for the employment relationship during the specified period.

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