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

[2022] FWCA 3057

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

(AG2022/3597)

Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023

Telecommunications services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 SEPTEMBER 2022

Application for approval of the Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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.

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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 2 September 2022 and, in accordance with s 54, will operate from 9 September 2022. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023. The union sought the Fair Work Commission's approval of the agreement, which covered the terms and conditions of employment for workers in the energy sector. The dispute arose from negotiations between the union and the employer, leading to the formation of the proposed enterprise agreement.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the necessary "protected action" provisions, which ensured that the agreement did not undermine the existing minimum entitlements of employees. Additionally, the court examined whether the agreement had been genuinely negotiated between the parties and if it provided for the proper resolution of any future disputes.

The court found that the proposed enterprise agreement met the statutory requirements for approval. The agreement contained the necessary "protected action" provisions and was genuinely negotiated between the parties. Furthermore, the agreement provided for the proper resolution of any future disputes through a specified dispute resolution process. Consequently, the court approved the Rural Energy Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023, allowing it to come into effect from the date of the decision.

In summary, the court approved the proposed enterprise agreement between the union and the employer, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The agreement contained the necessary "protected action" provisions, was genuinely negotiated, and provided for the proper resolution of any future disputes. This decision ensures that the terms and conditions of employment for workers in the energy sector are adequately protected and regulated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established