DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Power Australia Pty Ltd T/A Contract Power Australia Pty Ltd
(AG2018/5017)

CONTRACT POWER AUSTRALIA OPERATIONS AND MAINTENANCE BASE ENTERPRISE AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JANUARY 2019

Application for approval of the Contract Power Australia Operations and Maintenance Base Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Contract Power Australia Operations and Maintenance Base Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Contract Power Australia Pty Ltd T/A Contract Power Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 19 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application from Contract Power Australia Pty Ltd for the approval of the Contract Power Australia Operations and Maintenance Base Enterprise Agreement 2018. The dispute arose as the applicant sought to implement changes to employee conditions that would affect the workforce employed under the agreement. The Commission was required to consider whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed changes in the agreement were consistent with the provisions of the Act, particularly whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The Commission also needed to assess whether the agreement provided for a fair and efficient workplace and whether it met the criteria for being a single, integrated enterprise agreement.

The Commission determined that the agreement met the necessary criteria for approval. The applicant had demonstrated that the changes were made in good faith and provided for fair and reasonable terms and conditions. The Commission found that the agreement was likely to promote harmonious, productive and equitable industrial relations and provide for an efficient and competitive workplace. The proposed changes were considered to be in the best interests of the employees and the business operations of the applicant.

The Commission approved the Contract Power Australia Operations and Maintenance Base Enterprise Agreement 2018, effective from the date of the decision. The applicant was authorised to implement the changes as outlined in the approved agreement. The decision ensures that the new terms and conditions are legally binding on the employees and the employer, providing a clear framework for industrial relations moving forward.

Contract Power Australia Pty Ltd T/A Contract Power Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established