DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electricity Networks Corporation T/A Western Power
(AG2017/5362)

WESTERN POWER AND AUSTRALIAN SERVICES UNION ENTERPRISE AGREEMENT 2017

Electrical power industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Western Power and Australian Services Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Western Power and Australian Services Union Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 December 2017 and, in accordance with s.54, will operate from 20 December 2017. The nominal expiry date of the Agreement is 21 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Western Power, sought approval of an enterprise agreement under the Fair Work Act 2009. The applicant's application was opposed by the Electrical Trades Union of Australia. The dispute was heard in the Fair Work Commission, presided over by Deputy President D. J. Richardson.

The primary legal issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the bargaining process and the terms and conditions outlined in the agreement. The court had to determine whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The opposition raised concerns about the process of bargaining and the adequacy of the agreement in protecting employees' rights.

The court found that the agreement was made in good faith and that the bargaining process was fair and reasonable. The court concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the overall context and the specific provisions of the agreement. The opposition's concerns about the bargaining process and the adequacy of the agreement were not substantiated. The court approved the application and granted the necessary approval for the agreement.

The court ordered that the Western Power and Australian Services Union Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and published as required by the Act, and the applicant was authorised to give effect to the agreement in accordance with its terms.

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