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

[2024] FWCA 3277

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

(AG2024/3508)

CENTRAL POWER PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026.

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 16 SEPTEMBER 2024

Application for approval of the Central Power Pty. Ltd. & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Central Power 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 24 September 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 court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to seek approval of the Enterprise Agreement between Central Power Pty. Ltd. and ETU Powerline for the years 2023-2026. The union sought the court's approval in accordance with the Fair Work Act 2009, as they had been unable to reach a resolution with the employer regarding the terms of the agreement.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it allowed for genuine bargaining, and whether it adhered to the principles of the Act, including the protection of employees' rights and interests.

In its decision, the court meticulously reviewed the terms of the agreement, considering evidence from both parties regarding the negotiation process and the provisions of the agreement. The court found that the agreement contained fair and reasonable terms and conditions for the employees, and that the negotiation process had been genuine. The court also determined that the agreement complied with the principles of the Fair Work Act and protected the rights and interests of the employees. As a result, the court approved the agreement, affirming that it met the necessary criteria for such approval under the Act.

The court ordered the approval of the Enterprise Agreement between Central Power Pty. Ltd. and ETU Powerline for the years 2023-2026, subject to the terms and conditions set out in the agreement. The union's application was thus successful, and the agreement was now formally approved and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established