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

[2014] FWCA 7146

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
(AG2014/9217)

DIAMOND POWER (AUSTRALIA) PTY LTD LATROBE VALLEY POWER INDUSTRY ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 OCTOBER 2014

Application for approval of the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2013.

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

[2] An undertaking has been given in relation to clause 23.9.7 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the CEPU with respect to the undertaking and the CEPU supports the undertaking.

[4] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 16 October 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2013. The application was made under section 234 of the Fair Work Act 2009, which requires the agreement to be assessed to ensure it meets the requirements for a certified agreement. The dispute arose from the proposed changes to the existing enterprise agreement between Diamond Power and its employees represented by the union.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to consider if the agreement covered all necessary minimum terms and conditions, provided for proper consultation with employees, and included appropriate dispute resolution mechanisms. The Commission also needed to assess if the agreement was in the best interests of the employees and if it met the requirement of being a "single, integrated and coherent" agreement.

The Commission found that the proposed agreement met all the necessary legal requirements. The agreement contained all the prescribed minimum terms and conditions, and the union had properly consulted with the employees as required by the Act. The Commission also noted that the agreement included adequate dispute resolution mechanisms. Furthermore, the Commission determined that the agreement was in the best interests of the employees as it provided for fair and reasonable terms, including provisions for pay, leave, and other employment conditions. Consequently, the Commission approved the agreement, finding it to be a certified agreement under the Fair Work Act 2009.

As a result of the Commission's decision, the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2013 was approved and registered as a certified agreement. This approval ensures that the agreement will be the governing document for the employment terms and conditions of the employees covered by the agreement, providing a stable and legally enforceable framework for their employment.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established