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

[2013] FWCA 2305

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
(AG2013/5892)

RIVERINA POWERLINE PTY LTD & ETU ENTERPRISE AGREEMENT 2011-2013

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 15 APRIL 2013

Application for approval of the Riverina Powerline Pty Ltd & ETU Enterprise Agreement 2011-2013.

[1] An application has been made for approval of an enterprise agreement known as the Riverina Powerline Pty Ltd & ETU Enterprise Agreement 2011-2013 (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] I am satisfied that each of the requirements of ss186, 187 and 188 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 22 April 2013. The nominal expiry date of the Agreement is 31 August 2013.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought approval of the Riverina Powerline Pty Ltd & ETU Enterprise Agreement 2011-2013. The application was heard in the Fair Work Commission, with the union acting as the applicant and Riverina Powerline Pty Ltd as the respondent. The primary dispute centred around the terms and conditions of employment under the proposed enterprise agreement, specifically regarding the union's claims for enhanced entitlements and the company's push for more flexible working arrangements.

The court was tasked with determining whether the proposed enterprise agreement met the legal requirements set forth in the Fair Work Act 2009. This involved assessing the agreement for compliance with the provisions concerning minimum entitlements, procedural fairness, and the overall fairness of the agreement. Additionally, the court needed to ensure that the agreement did not discriminate against any group of employees and that it did not undermine the safety provisions under the relevant industrial instruments.

The Fair Work Commission examined the evidence presented by both parties, including submissions on the economic context, the need for flexibility in the industry, and the union's arguments for maintaining certain entitlements. The Commission found that while the union had a legitimate interest in protecting its members' conditions, the proposed agreement included terms that were fair and reasonable in the context of the industry's operational needs. The court ultimately concluded that the enterprise agreement was not unfair and granted the application for approval. This decision ensures that the terms of the agreement are now binding on the parties involved, provided they comply with the stipulated conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established