Electricity Networks Corporation T/A Western Power

[2023] FWCA 1691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electricity Networks Corporation T/A Western Power

(AG2023/1500)

WESTERN POWER AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2022

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JUNE 2023

Application for approval of the Western Power and Australian Services Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Western Power and Australian Services Union Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 22.5, 23(a) and 25(c)(ii) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 14 June 2023 and, in accordance with s.54, will operate from 21 June 2023. The nominal expiry date of the Agreement is 22 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Electricity Networks Corporation, trading as Western Power, and the Australian Services Union. The dispute centred on the application for approval of the Western Power and Australian Services Union Enterprise Agreement 2022. The Fair Work Commission was the court responsible for considering the application.

The primary legal issue was whether the terms of the Enterprise Agreement complied with the requirements set forth in the Fair Work Act 2009. The court needed to determine if the agreement met the criteria for approval, including ensuring it did not adversely affect employees' wages and conditions and was made in good faith. The court also had to consider if the agreement provided for a fair and efficient workplace.

The court found that the Enterprise Agreement met the legislative requirements and was made in good faith. The agreement provided for fair and efficient workplace practices and did not adversely affect employees' wages and conditions. The court was satisfied that the agreement contained appropriate provisions for dispute resolution, employee representation, and workplace health and safety. Therefore, the court approved the Western Power and Australian Services Union Enterprise Agreement 2022.

The Fair Work Commission approved the application for the Western Power and Australian Services Union Enterprise Agreement 2022. The court's decision was based on the agreement meeting the legal requirements and providing for a fair and efficient workplace. The approval of the agreement will ensure that the terms and conditions of employment for the employees of Western Power are governed by a legally binding and compliant Enterprise Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established