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

[2024] FWCA 4348

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

(AG2024/4698)

MAGNETIC POWER SERVICES & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026.

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Magnetic Power Services & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Magnetic Power Services & ETU Powerline Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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.

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.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 27.15: Compassionate leave – stillbirth consideration.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 6), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Magnetic Power Services & ETU Powerline Enterprise Agreement 2023-2026. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of the agreement to ensure that it was fair and appropriate for the employees covered by the agreement. The dispute centred around whether the terms and conditions outlined in the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with assessing the application and determining whether the agreement was in the interests of the employees and the employer.

The primary legal issues addressed by the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the procedural requirements of the Fair Work Act, and whether it contained appropriate mechanisms for dispute resolution. The Commission needed to consider whether the agreement adequately addressed the rights and interests of both the employees and the employer, and whether it was consistent with the broader objectives of the Fair Work Act. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any party and that it provided a fair and efficient means of resolving any disputes that might arise during the term of the agreement.

In reaching its decision, the Fair Work Commission thoroughly examined the terms and conditions of the proposed agreement, considering various factors such as the bargaining power of the parties, the economic and industrial context, and the interests of the employees. The Commission also took into account submissions from both the union and the employer, as well as any other relevant information. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements of the Fair Work Act. The Commission also noted that the agreement included appropriate mechanisms for dispute resolution and that it was consistent with the broader objectives of the Fair Work Act. Consequently, the Commission approved the Magnetic Power Services & ETU Powerline Enterprise Agreement 2023-2026, recognising it as a fair and appropriate agreement for the employees covered by it.

The final orders of the Fair Work Commission included the approval of the Magnetic Power Services & ETU Powerline Enterprise Agreement 2023-2026. The Commission determined that the agreement was in the interests of the employees and the employer, and that it met the requirements of the Fair Work Act. The Commission's approval of the agreement meant that it would now be legally binding on both parties, and would govern the terms and conditions of employment for the employees covered by the agreement for the period of 2023 to 2026. The Commission's decision provided certainty and stability for both the employees and the employer, and ensured that the agreement would promote fair and reasonable outcomes for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established