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

[2024] FWCA 3382

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

(AG2024/3691)

TIMCO TRANSMISSION LINES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the Timco Transmission Lines Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Timco Transmission Lines Pty Ltd & 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.

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 – still birth 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 3 October 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), who sought approval of the Timco Transmission Lines Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The dispute was before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The union argued that the agreement met all statutory requirements and should be approved, while no objections were raised by any party involved.

The primary legal issue before the Commission was whether the enterprise agreement complied with the legislative framework governing such agreements. Specifically, the Commission needed to determine if the agreement met the criteria for being "protected action" as per the Fair Work Act, and if it satisfied the "better off overall test." This test requires that employees are at least as well off under the new agreement as they would be under the applicable award or existing agreement, if any.

In its decision, the Fair Work Commission examined the provisions of the agreement and found that it adhered to the necessary standards. The Commission noted that the agreement provided fair terms for the employees, ensuring they were at least as well off as they would be under the relevant award. Furthermore, the Commission found that the agreement included necessary protections and did not unfairly disadvantage any party. Based on this analysis, the Commission concluded that the agreement should be approved as it met all statutory requirements.

Consequently, the Fair Work Commission approved the Timco Transmission Lines Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, determining that it complied with the Fair Work Act and satisfied the "better off overall test." This decision was made without objection from any party involved, and the agreement now serves as the basis for employment terms between the union and the employer.

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