DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Networks Corporation T/A Western Power
(AG2017/6372)

WESTERN POWER AND CEPU ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 9 JANUARY 2018

Application for approval of the Western Power and CEPU Enterprise Agreement 2017.

[1] On 18 December 2017 Electricity Networks Corporation T/A Western Power (Applicant) made an application for approval of the Western Power and CEPU Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 January 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Western Power, sought approval for the Western Power and CEPU Enterprise Agreement 2017 from the Fair Work Commission. Western Power is a statutory corporation responsible for the distribution of electricity in the south-west of Western Australia, and the CEPU is a trade union representing electricity industry workers. The application was made under section 234 of the Fair Work Act 2009, which requires that agreements be approved if they are in the public interest. The union argued that the agreement did not adequately protect employees and was not in the public interest.

The Fair Work Commission was required to consider whether the agreement was in the public interest, taking into account a range of factors set out in the Act. These factors included the effect of the agreement on the efficiency, effectiveness and economic performance of the employer, the impact of the agreement on the health and safety of employees, and the extent to which the agreement promoted harmonious, productive and cooperative workplace relations. The Commission also had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

The Fair Work Commission found that the agreement was in the public interest. The Commission noted that the agreement provided for a range of mechanisms for the resolution of workplace disputes, including conciliation and arbitration. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations, and provided appropriate protections for employees. The Commission concluded that the agreement would not have an adverse effect on the efficiency, effectiveness or economic performance of Western Power. The Commission approved the agreement, subject to a number of conditions designed to ensure that it remained in the public interest.

The Fair Work Commission approved the Western Power and CEPU Enterprise Agreement 2017, subject to conditions. The agreement provides for appropriate mechanisms for the resolution of workplace disputes, promotes harmonious, productive and cooperative workplace relations, and provides appropriate protections for employees. The Commission found that the agreement was in the public interest, and would not have an adverse effect on the efficiency, effectiveness or economic performance of Western Power. The conditions imposed on the agreement are designed to ensure that it remains in the public interest.

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