Electricity Networks Corporation T/A Western Power

[2013] FWCA 5556

[2013] FWCA 5556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Networks Corporation T/A Western Power
(AG2013/2226)

WESTERN POWER AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2013

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 21 AUGUST 2013

Application for approval of the Western Power and Australian Services Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Western Power and Australian Services Union 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 T/A Western Power (the applicant). 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 Australian Municipal, Administrative, Clerical and Services 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) of the Act I note that the Agreement covers the organisation.

[4] The applicant in this matter has requested that Schedule 4 − Classification and Remuneration Framework of the Agreement not be published along with the rest of the Agreement on the Commission’s website.

[5] The reason the applicant requests this is that the material contained within Schedule 4 − Classification and Remuneration Framework they say is commercially sensitive. The applicant explains that as a state government authority the applicant competes with contractors and other employers in the resources sector when it comes to attracting and retaining quality staff and it would be commercially detrimental to their interests if the information contained in Schedule 4 − Classification and Remuneration Framework was made public.

[6] In response to this request I invited the applicant to make any submissions regarding the requirements on the Commission in s.601(4)(b) of the Act to publish an enterprise agreement that has been approved by the Commission.

[7] I have considered the applicant’s submissions on this point however I remain of the view that the requirements in s.601, that the Commission publish on its website, or by any other means considered appropriate, an enterprise agreement that has been approved by the Commission, requires me to publish the Agreement in full which in this case requires that Schedule 4 − Classification and Remuneration Framework of the Agreement also be published. This view is consistent with other decisions of the Commission on this point 1.

[8] Accordingly it is my decision that the Agreement in full will be published on the Commission’s website.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2013. The nominal expiry date of the Agreement is 21 August 2017.

COMMISSIONER

 1   See [2010] FWAA 8632 and [2011] FWAA 21.

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