DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Electrical & Powerline Services PTY LTD
(AG2015/2007)

ELECTRICAL AND POWERLINE SERVICES PTY LTD ENTERPRISE BARGAINING AGREEMENT 2015-2017

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 26 MARCH 2015

Application for approval of the Electrical and Powerline Services Pty Ltd Enterprise Bargaining Agreement 2015-2017.

[1] An application for approval of an enterprise agreement known as the Electrical and Powerline Services Pty Ltd Enterprise Bargaining Agreement 2015-2017 (the Agreement) has been made by Electrical & Powerline Services Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] As a result of concerns as to whether the Agreement met the requirements of s.186 and 187 of the Act, 1 the employer has provided undertakings pursuant to s.190(3) of the Act. The undertakings meet the concerns and otherwise meet the requirements of s.190 of the Act. The undertakings are appended to the Agreement as Appendix A, which will be taken to be a term of the Agreement.

[3] The consultation clause in the Agreement does not meet all the statutory requirements of a consultation term, specifically the requirements in s.205(1)(a)(ii) and s.205(1A) of the Act concerning consultation in relation to changes to ordinary hours of work and employee rosters. In accordance with s.205(2) of the Act the model consultation term will be taken to be a term of the Agreement. The model term is appended to the Agreement as Appendix B.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the CEPU.

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

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 2 April 2015. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

1 Set out to the parties in a Statement of Preliminary Findings, 4 March 2015

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Electrical and Powerline Services Pty Ltd Enterprise Bargaining Agreement 2015-2017. The applicant, Electrical & Powerline Services Pty Ltd, sought to have the agreement approved, which it had negotiated with relevant unions representing its employees. The legal issues before the Commission were primarily concerned with whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for a safety net of minimum terms and conditions, and whether it was free from any provisions that would have an adverse effect on the safety net. The Commission also had to consider whether the agreement adequately provided for the negotiation of future agreements and the resolution of disputes.

The Fair Work Commission carefully examined the provisions of the agreement, noting that it contained a comprehensive set of minimum terms and conditions that went beyond the statutory minimums. The Commission was satisfied that the agreement did not contain any provisions that would adversely affect the safety net provided by the Act. Furthermore, the agreement included mechanisms for the negotiation of future agreements, as well as provisions for the resolution of disputes. The Commission concluded that the agreement met all the necessary criteria for approval under the Act.

Having found that the agreement satisfied the requirements for approval, the Fair Work Commission approved the Electrical and Powerline Services Pty Ltd Enterprise Bargaining Agreement 2015-2017. The decision was made on the basis that the agreement provided for a fair and reasonable safety net of minimum terms and conditions, and that it was free from any provisions that would adversely affect the safety net. The Commission also noted that the agreement included provisions for the negotiation of future agreements and the resolution of disputes, which were in line with the objectives of the Act. The approval of the agreement ensures that the parties will be bound by the agreed terms for the duration of the agreement, providing a stable and predictable industrial relations environment.

Electrical & Powerline Services PTY LTD

DECISION

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