DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Power Hire Pty Ltd
(AG2018/899)

CONTRACT POWER OPERATIONS AND MAINTENANCE BASE ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Contract Power 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 Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Contract Power Hire Pty Ltd recently came before the Fair Work Commission where the matter under consideration was the application for the approval of the Contract Power Operations and Maintenance Base Enterprise Agreement 2018. The dispute arose between the employer, Contract Power Hire Pty Ltd, and the union, the Electrical Trades Union of Australia. The union sought the approval of the proposed agreement which was intended to govern the terms and conditions of employment for certain employees. The legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and whether the agreement was genuinely bargained.

The Commission began by examining the procedural fairness of the agreement, ensuring that it was genuinely negotiated between the parties. The evidence showed that there were robust negotiations, with multiple meetings and communications between the union and the employer. The Commission found that the union had acted in good faith and had provided sufficient information to the employer to allow for meaningful negotiation. The next step was to determine if the agreement provided for a fair and efficient workplace. The Commission assessed the provisions of the agreement against the criteria for approval under the Fair Work Act. The agreement contained provisions for a range of employment matters, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and efficient as it provided for reasonable terms and conditions of employment.

The Commission found that the agreement met the statutory requirements for approval and was in the best interests of the employees. The agreement was approved by the Commission and will now form the basis of the employment conditions for the relevant employees. The approval of the agreement ensures that the terms and conditions of employment are fair and reasonable, providing a stable and predictable workplace for the employees. The final orders of the Commission were that the Contract Power Operations and Maintenance Base Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009.

Contract Power Hire 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