Electricity Networks Corporation T/A Western Power Summary

[2013] FWCA 7263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Networks Corporation T/A Western Power
(AG2013/2855)

WESTERN POWER AND CEPU ENTERPRISE AGREEMENT 2013

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 20 SEPTEMBER 2013

Application for approval of the Western Power and CEPU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Western Power and CEPU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electricity Networks Corporation trading as Western Power. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Electricity Networks Corporation trading as Western Power, sought approval of the Western Power and CEPU Enterprise Agreement 2013 from the Fair Work Commission. The applicant and the CEPU (Communications Electrical and Plumbing Union) were parties to an enterprise agreement that expired on 30 June 2013. The parties were unable to reach an agreement on the terms of a new enterprise agreement, and the CEPU referred the dispute to the Commission. The Commission was required to decide whether the proposed agreement was in the public interest and whether it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement was in the public interest, whether it met the criteria for approval under the Fair Work Act 2009, and whether the agreement provided for appropriate mechanisms for resolving disputes between the parties. The Commission found that the proposed agreement was in the public interest and met the criteria for approval under the Fair Work Act 2009. The Commission also found that the proposed agreement provided for appropriate mechanisms for resolving disputes between the parties.

The Commission considered the economic and operational circumstances of the applicant and the need for the agreement to support the applicant's financial viability. The Commission found that the proposed agreement provided for appropriate wage increases and other benefits for employees, while also supporting the applicant's financial viability. The Commission also considered the impact of the proposed agreement on the safety and reliability of the electricity network and found that the proposed agreement provided for appropriate mechanisms to ensure that employees were able to perform their duties safely and effectively.

The Fair Work Commission approved the Western Power and CEPU Enterprise Agreement 2013. The agreement provided for wage increases and other benefits for employees, while also supporting the financial viability of the applicant. The agreement also provided for appropriate mechanisms for resolving disputes between the parties and ensuring the safety and reliability of the electricity network.

Electricity Networks Corporation T/A Western Power

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established