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

[2014] FWCA 2098

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
(AG2014/3877)

SENVION AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2013

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 28 MARCH 2014

Application for approval of the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2013.

[1] An application for approval of an enterprise agreement known as the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2013 (the Agreement) has been made by the CEPU. The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] 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.

[3] 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. As required by s.201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 4 April 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2013. The dispute arose between the union and the employer, Senvion Australia, and was heard in the Fair Work Commission. The union argued that the agreement should be approved under the Fair Work Act, while the employer contested the approval, raising concerns about the agreement's provisions.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the employer questioned the agreement's provisions regarding redundancy payments and the classification of employees. The Commission had to determine if these provisions were consistent with the Act and if the agreement provided for the proper negotiation of terms and conditions of employment.

In its decision, the Commission found that the provisions in question were compliant with the Fair Work Act. The Commission considered the process through which the agreement was negotiated and concluded that it was fair and reasonable. The redundancy provisions were deemed to be in line with the Act, as they provided for appropriate consultation and negotiation. Additionally, the classification of employees was found to be consistent with industry standards and practices. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2013, finding it to be compliant with the Fair Work Act. The agreement was deemed to have been properly negotiated and to provide for fair and reasonable terms and conditions of employment. The Commission's decision stands as a confirmation of the agreement's validity and enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established