Electricity Networks Corporation T/A Western Power Summary

[2025] FWCA 328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Electricity Networks Corporation T/A Western Power

(AG2024/4741)

WESTERN POWER AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2024

Electrical power industry
DEPUTY PRESIDENT O'KEEFFE	PERTH, 28 JANUARY 2025

Application for approval of the Western Power and Australian Services Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Western Power and Australian Services Union Enterprise Agreement 2024 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 June 2024 and the Agreement was made on 18 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Municipal, Administrative, Clerical and Services Union (ASU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings (Annexure A). I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The ASU lodged a Form F18 statutory declaration giving 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 the Agreement covers the ASU.

A small error was identified by the Respondent after the Agreement had been lodged. The error involved the wrong figure being included at clause 13.9. The ASU confirmed that the figure was an error and as such I have allowed the error to be corrected pursuant to s.586 of the Act and the correct figure appears in the published version of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2025. The nominal expiry date of the Agreement is 22 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The matter involved the Electricity Networks Corporation trading as Western Power and the Australian Services Union. The union sought approval for a new enterprise agreement for the year 2024. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The key legal issue before the Commission was whether the proposed agreement met the requirements for approval under the legislation. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, did not discriminate against employees, and complied with the relevant national workplace laws.

The Fair Work Commission considered the evidence and submissions from both parties, focusing on the provisions of the proposed agreement and their implications for employees. The Commission examined whether the agreement provided fair and reasonable terms for the employees, including aspects such as wages, hours of work, and other conditions. Additionally, the Commission assessed whether the agreement included provisions that were necessary to facilitate the efficient operation of the employer's business. After reviewing the details and weighing the arguments, the Commission concluded that the agreement met the statutory criteria for approval.

The Fair Work Commission approved the Western Power and Australian Services Union Enterprise Agreement 2024, finding that it was in the best interests of the employees and did not contravene any national workplace laws. The decision was based on the comprehensive analysis of the agreement's terms and the evidence presented. The Commission determined that the agreement provided fair and reasonable terms for the employees and included necessary provisions for the efficient operation of the employer's business. Consequently, the application for approval was successful.

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