DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2888)

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

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 26 JUNE 2015

Application for approval of the Prasinus 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 Prasinus 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 (CEPU). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 CEPU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 June 2015 and, in accordance with s.54, will operate from 3 July 2015. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

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, which sought approval of the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016. The application was heard by the Fair Work Commission. The union argued that the agreement met the necessary requirements for approval and should be registered under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and if it contained the necessary good faith bargaining provisions. The Commission had to determine if the agreement met the standard criteria for approval, including the provision of fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith.

In delivering the decision, the Commission found that the agreement did not contain the necessary good faith bargaining provisions. Despite this, the Commission determined that the agreement met the other criteria for approval, including the provision of fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a number of protections for employees and that it was in the best interests of the employees to approve the agreement. As a result, the Commission approved the agreement, subject to certain conditions.

The Fair Work Commission approved the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016, subject to certain conditions. The Commission found that the agreement met the necessary requirements for approval, despite the absence of good faith bargaining provisions. The decision highlights the importance of ensuring that enterprise agreements contain the necessary provisions for good faith bargaining, while also recognising that agreements can still be approved if they provide 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