DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDL Group Operations Pty Ltd
(AG2018/5696)

EDL GROUP OPERATIONS PTY LTD – AWU AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the EDL Group Operations Pty Ltd - AWU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the EDL Group Operations Pty Ltd - AWU 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 EDL Group Operations 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] I note that Clauses 28.12.3 and 28.4.3 of the Agreement are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 1 of the undertaking, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, EDL Group Operations Pty Ltd sought approval for an enterprise agreement with the Australian Workers' Union (AWU). The agreement, titled EDL Group Operations Pty Ltd - AWU Agreement 2018, was put forward following negotiations between the parties. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the relevant criteria for approval. Specifically, the Commission needed to determine if the agreement was made in good faith, free from any improper influence or coercion, and if it contained appropriate provisions for employee protection and workplace rights.

The Commission examined the process through which the agreement was made, including the negotiation records and the manner in which the agreement was presented to the employees for a vote. It also considered the content of the agreement itself, ensuring that it covered all mandatory bargaining items and that the terms were fair and reasonable. The Commission assessed whether the agreement provided adequate protections for employees and whether it allowed for genuine collective bargaining. Additionally, the Commission evaluated if the agreement met the 'better off overall test', meaning that employees were not worse off financially under the new agreement compared to their previous conditions.

After thorough consideration, the Commission found that the agreement satisfied all legal requirements and was made in good faith. The Commission approved the agreement, noting that it contained appropriate protections for employees and provided for fair and reasonable terms of employment. The agreement was found to meet the 'better off overall test' and did not contain any terms that were contrary to public policy or unfair. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and was in the best interests of the employees.

The Fair Work Commission hereby approves the EDL Group Operations Pty Ltd - AWU Agreement 2018, effective from the date of this decision. The agreement shall be registered and binding upon all parties as per the provisions of the Fair Work Act 2009.

EDL Group Operations 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