DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/5691)

POWERTECH AUSTRALIA PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 8 OCTOBER 2015

Application for approval of the Powertech Australia Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Powertech Australia 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 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] 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.

[4] The Agreement was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. 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 involved an application for the approval of the Powertech Australia Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the commission’s approval of the enterprise agreement, which had been negotiated with the employer. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly focusing on the procedural fairness in the negotiation process and the substantive provisions of the agreement.

The legal issues before the commission included whether the union had appropriately represented its members during the negotiation process, whether the agreement contained mandatory terms that were fair and reasonable, and whether the process by which the agreement was made complied with relevant provisions of the Fair Work Act. The commission also needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether it met the ‘better off overall test’, ensuring employees were no worse off than under the applicable award or general law.

In delivering its decision, the commission found that the union had adequately represented its members during negotiations and that the agreement met the procedural requirements of the Fair Work Act. The commission considered the fairness of the substantive terms and concluded that the agreement provided for fair and reasonable terms and conditions, including provisions for pay, leave, and other employment conditions. The commission also determined that the agreement satisfied the better off overall test, finding that the employees were not worse off under the enterprise agreement compared to the applicable award or general law. Consequently, the commission approved the Powertech Australia Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016.

The final orders of the commission were that the Powertech Australia Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016 be approved and registered under section 172 of the Fair Work Act 2009. This approval ensures that the agreement is legally binding and enforceable between the employer and the employees covered by the agreement.

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