ElectraNet Pty Ltd T/A ElectraNet

[2019] FWCA 1710

[2019] FWCA 1710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ElectraNet Pty Ltd T/A ElectraNet
(AG2018/6266)

ELECTRANET ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 15 MARCH 2019

Application for approval of the ElectraNet Enterprise Agreement 2018.

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

[2] The matter was allocated to my Chambers on 7 February 2019.

[3] On 21 February 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 February 2019. The undertaking deals with the following topics:

•  Clause 10.2 (Dispute Resolution term) of the Agreement will deleted and replaced with the Model Dispute Term in Schedule 6.1 of the Fair Work Regulations 2009 (Cth).

•  Junior and work experience employees will be classified according to the grades set out in Appendix 2, Table 1 of the Agreement, and their rates of pay are payable in accordance with the Appendix 2 Table 3.1 of the Agreement.

•  Clause 9.1.1(c) of the Agreement is amended as follows:

“Where an Employee leaves during the notice period without agreement by ElectraNet, ElectraNet will be entitled to recover from the Employee an amount not exceeding that which the Employee would have been paid had they worked the period of notice required by the National Employment Standards, less any period of notice actually worked by the Employee.”

•  Clause 3.4 of the Agreement is amended as follows:

“New Employees may be employed subject to a probationary period of up to six (6) months. During this period, ElectraNet or the Employee can withdraw from the contract of employment by giving one (1) months’ notice or by the payment or forfeiture of one (1) month’s pay.

Where an Employee leaves during the notice period without agreement by ElectraNet, ElectraNet will be entitled to recover from the Employee an amount not exceeding that which the Employee would have been paid had they worked the period of notice required by the National Employment Standards, less any period of notice actually worked by the Employee.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[8] The “Australian Municipal, Administrative, Clerical and Services Union (ASU)”, “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)” and “The Association of Professional Engineers, Scientists and Managers, Australia”, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 September 2022.

COMMISSIONER

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