Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 8201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/9850)

POWER CABLES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2013 - 2016

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 18 NOVEMBER 2014

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

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2013 - 2016 (the Agreement). The application has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The Agreement is a single-enterprise agreement.

[2] The application for approval of this Agreement was made by Zoe Watkins of the CEPU on 12 November 2014.

[3] The Agreement was listed for e-hearing, in chambers before me at 2:00pm on Tuesday, 18 November 2014. All parties to the Agreement, including the employee bargaining representative, were notified of the e-hearing.

[4] Clause 42 — Consultation does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The CEPU has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the court's approval of the agreement which had been negotiated between the union and the employer. The agreement was subject to the Fair Work Act 2009, and the union argued that it met the requirements for a certified agreement.

The primary legal issue before the court was whether the agreement contained all the necessary provisions as required by the Fair Work Act. Specifically, the court had to determine if the agreement complied with the mandatory registration standards set out in section 232 of the Act, including provisions for minimum wages and conditions, and if it provided for the resolution of disputes between the parties. The court also had to assess if the agreement was in the best interests of the employees, considering factors such as its impact on employment conditions, workplace relations, and economic implications.

The court found that the agreement complied with all the necessary legal requirements and contained the appropriate provisions for minimum wages and conditions. The agreement also provided for an effective dispute resolution mechanism, which was in line with the Act. The court determined that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment, and did not negatively impact the workplace relations or the economy. Consequently, the court approved the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016.

No additional orders were made by the court beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established