ElectraNet Pty Ltd

[2022] FWCA 3680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ElectraNet Pty Ltd

(AG2022/4215)

ElectraNet Enterprise Agreement 2022

Electrical power industry
COMMISSIONER MCKINNON	SYDNEY, 21 OCTOBER 2022

Application for approval of the ElectraNet Enterprise Agreement 2022

ElectraNet Pty Ltd has applied for approval of a single enterprise agreement known as the ElectraNet Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 28 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

The Agreement covers The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ElectraNet Pty Ltd, an electricity distribution company, and its employees, represented by the Electrical Trades Union of Australia. The dispute centred on the application for approval of the ElectraNet Enterprise Agreement 2022. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement had been made in accordance with the provisions of the Act, whether it contained the essential terms as required, and whether the agreement provided for appropriate mechanisms for resolving disputes between the parties.

The Commission examined the process by which the agreement was made, ensuring that it was not only procedurally fair but also reflective of genuine bargaining between the parties. The Court assessed the content of the agreement to confirm that it included all required essential terms, such as wages, hours of work, and other conditions of employment. Additionally, the Commission considered whether the mechanisms for dispute resolution were adequate and in line with the provisions of the Act. The Commission found that the agreement had been made in accordance with the Act, contained all essential terms, and provided for appropriate dispute resolution mechanisms.

As a result, the Fair Work Commission approved the ElectraNet Enterprise Agreement 2022. The approval signified that the agreement met the necessary legal standards and could be implemented to govern the employment conditions of the employees. The decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and adequately address the needs of both employers and employees. The final orders included the formal approval of the agreement, which would now regulate the terms and conditions of employment for the employees of ElectraNet.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established