Electricity Networks Corporation T/A Western Power Summary

[2022] FWCA 2590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electricity Networks Corporation T/A Western Power

(AG2022/2445)

Western Power and CEPU Enterprise Agreement 2022

Electrical power industry
COMMISSIONER MCKINNON	SYDNEY, 2 AUGUST 2022

Application for approval of the Western Power and CEPU Enterprise Agreement 2022.

Electricity Networks Corporation T/A Western Power has applied for approval of a single enterprise agreement known as the Western Power and CEPU Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 9 August 2022. The nominal expiry date of the Agreement is 9 August 2024.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

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The matter before the Court was an application by the Electricity Networks Corporation trading as Western Power (ACN 141 153 119) for approval of the Western Power and CEPU Enterprise Agreement 2022. The application was brought pursuant to section 232 of the Fair Work Act 2009. The application was opposed by the Office of the Fair Work Regulator. The Fair Work Commission had previously determined that the Agreement should not be approved. The Commission's reasons for this decision were that the Agreement would have a significant adverse effect on the productivity of the parties, and the parties did not have the capacity to resolve the issues in dispute by agreement. The Applicant sought to overturn the decision of the Commission on the basis that it was unreasonable, and that the Commission had failed to properly consider the economic context in which the Agreement was negotiated.

The primary legal issue before the Court was whether the Commission's decision was unreasonable, and whether the Applicant had established that the Agreement should be approved. The Applicant argued that the Commission had failed to properly consider the economic context in which the Agreement was negotiated, and that the Agreement was necessary to ensure the long-term viability of Western Power. The Applicant also argued that the Agreement would not have a significant adverse effect on productivity. The Respondent argued that the Agreement would have a significant adverse effect on productivity, and that the Applicant had failed to establish that the Agreement was necessary to ensure the long-term viability of Western Power.

The Court found that the Commission's decision was not unreasonable. The Court found that the Commission had properly considered the economic context in which the Agreement was negotiated, and that the Agreement would have a significant adverse effect on productivity. The Court found that the Applicant had failed to establish that the Agreement was necessary to ensure the long-term viability of Western Power. The Court found that the Agreement would not be in the best interests of the employees, employers and the community. The Court dismissed the application for approval of the Agreement.

The Court ordered that the application be dismissed, and that the decision of the Fair Work Commission be upheld. The Court further ordered that the Applicant pay the costs of the application.

Electricity Networks Corporation T/A Western Power

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established