DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2591)

HEALEY INFRASTRUCTURE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2013 - 2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MAY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Healey Infrastructure 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] 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 May 2015 and, in accordance with s.54, will operate from 5 June 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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who brought an application for the approval of the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2013 - 2016. The dispute arose from the negotiations between the union and the company over the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions for certain employees. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues that the commission had to address were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and whether it satisfied the "better off overall test" (BOOT). This test required the commission to assess whether the employees would be better off overall under the proposed agreement compared to their current conditions. Additionally, the commission had to ensure that the agreement did not contravene any existing industrial instruments and that it had been fairly negotiated and presented to the employees.

In reaching its decision, the commission examined the submissions from both parties, the content of the proposed agreement, and the evidence presented regarding the negotiation process. The commission found that the agreement contained provisions that complied with the Fair Work Act and satisfied the BOOT. It noted that the agreement provided for a number of improvements to the employees' conditions, including increased pay rates, better leave entitlements, and additional protections. The commission also concluded that the agreement had been fairly negotiated and presented to the employees. Therefore, the commission approved the application and the proposed enterprise agreement was set to be implemented.

The Fair Work Commission approved the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2013 - 2016, confirming its compliance with the Fair Work Act and satisfaction of the better off overall test. The decision was made following careful consideration of the submissions, content of the agreement, and evidence of the negotiation process. The commission determined that the agreement provided employees with improved conditions and protections, and was fairly negotiated and presented. The agreement was thus set to be implemented, providing a new framework for employment conditions between the union and the company.

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