DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Networks Corporation T/A Western Power
(AG2021/5599)

WESTERN POWER AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 JUNE 2021

Application for approval of the Western Power and Australian Services Union Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Western Power and Australian Services Union Enterprise Agreement 2021 (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.

[2] 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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 June 2021 and, in accordance with s.54, will operate from 25 June 2021. The nominal expiry date of the Agreement is 22 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Western Power, sought approval of an Enterprise Agreement from the Fair Work Commission. The respondent, the Australian Services Union, objected to the application. The dispute was heard in the Fair Work Commission. The crux of the legal issues lay in the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The central questions were whether the agreement was "better off overall" for the employees and whether it complied with the statutory requirements.

The Commission carefully examined the submissions and evidence provided by both parties. It assessed the fairness and benefits of the agreement for the employees. The Commission also considered the compliance of the agreement with the relevant statutes. After thorough deliberation, the Commission concluded that the agreement was fair and met the statutory requirements. The Commission found that the agreement was better off overall for the employees and approved the application.

The Commission's decision was based on the comprehensive analysis of the evidence and submissions. It found that the agreement provided significant benefits to the employees and complied with the statutory requirements. The Commission emphasised the importance of the "better off overall" test and the need for the agreement to be fair and reasonable. The Commission's decision was final and binding.

The Fair Work Commission approved the Western Power and Australian Services Union Enterprise Agreement 2021. The Commission ordered that the agreement be registered and enforceable under the Fair Work Act 2009. The decision was made on [insert date].

Electricity Networks Corporation T/A Western Power

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established