DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/9660)

PACIFIC POWERLINE SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Pacific Powerline 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 was approved on 1 December 2014 and, in accordance with s.54, will operate from 8 December 2014. 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Pacific Powerline Services Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016. The dispute centered around whether the agreement met the requirements of the Fair Work Act 2009 for minimum entitlements and whether it complied with the Fair Work (Registered Organisations) Act 2009. The application was made under section 236 of the Fair Work Act.

The primary legal issues before the court were whether the agreement provided for minimum entitlements as required by section 235 of the Fair Work Act and whether it complied with the provisions of the Fair Work (Registered Organisations) Act. The court examined the provisions of the agreement to determine if they met the legislative standards for minimum entitlements and organisational registration.

The Fair Work Commission found that the agreement did indeed provide for the minimum entitlements as stipulated in the Fair Work Act. The agreement included provisions for pay rates, penalty rates, leave entitlements, and other employment conditions that aligned with the legislative minimum standards. Additionally, the court determined that the agreement complied with the requirements of the Fair Work (Registered Organisations) Act, confirming that the union and employer had the necessary authorisation to enter into the agreement. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Pacific Powerline Services Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016, finding it met the minimum standards for employee entitlements and complied with the Fair Work (Registered Organisations) Act. The decision was made under sections 235 and 236 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