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

[2022] FWCA 2912

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

(AG2022/3419)

North Vic Electricity Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2022

Application for approval of the North Vic Electricity Services 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 an enterprise agreement known as the North Vic Electricity Services 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 24 August 2022 and, in accordance with s 54, will operate from 31 August 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 matter before the court was an application for the approval of a workplace agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and North Vic Electricity Services Pty Ltd and ETU Powerline (the Employers). The Union sought approval of the North Vic Electricity Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement). The legal issues for the court to consider were whether the Agreement complied with the relevant statutory requirements and whether the approval of the Agreement was in the public interest.

The court considered whether the Agreement met the requirements of the Fair Work Act 2009. The Union argued that the Agreement was fair and reasonable and provided for terms and conditions that were no less favourable than the applicable award. The Employers argued that the Agreement did not comply with the statutory requirements and was not in the public interest. The court found that the Agreement met the statutory requirements, including the good faith obligations, and was in the public interest. The court considered the terms and conditions of the Agreement, including pay rates, hours of work, leave provisions, and dispute resolution mechanisms, and found that they were fair and reasonable.

In reaching its decision, the court considered the evidence and submissions from both parties. The Union provided evidence of the bargaining process and the terms of the Agreement. The Employers provided evidence of their business operations and the impact of the Agreement on their business. The court found that the Agreement was the product of genuine bargaining between the parties and that the terms and conditions of the Agreement were fair and reasonable. The court also found that the approval of the Agreement was in the public interest, as it provided for the fair and reasonable terms and conditions of employment for the employees covered by the Agreement.

The court approved the North Vic Electricity Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The court's approval is subject to the terms and conditions of the Agreement, including the requirement for the Employers to provide the Union with certain information and for the Union to provide the Employers with certain notices. The Agreement will apply to the employees covered by the Agreement from the date of the court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established