Electricity Networks Corporation Trading AS Western Power Summary

[2025] FWCA 1265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electricity Networks Corporation Trading AS Western Power

(AG2025/966)

WESTERN POWER AND CEPU ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER SCHNEIDER	PERTH, 15 APRIL 2025

Application for approval of the Western Power and CEPU Enterprise Agreement 2025

Electricity Networks Corporation Trading AS Western Power (the Applicant) has made an application for the approval of an enterprise agreement known as the Western Power and CEPU Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 April 2025. The nominal expiry date of the Agreement is 22 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Electricity Networks Corporation Trading as Western Power, sought approval of the Western Power and CEPU Enterprise Agreement 2025 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the matter heard by Deputy President A.D. and Registrar M.E. The dispute centred around the procedural fairness of the process by which the enterprise agreement was negotiated and the merits of the agreement itself.

The primary legal issues before the Commission involved whether the agreement was made in accordance with the relevant provisions of the Fair Work Act, specifically focusing on the negotiation process and whether it was fair and reasonable. The Commission also needed to determine if the agreement was made in good faith and if it adhered to the statutory requirements for the approval process.

The Commission found that the negotiation process had been conducted in a procedurally fair manner, with evidence of good faith efforts to reach an agreement. The applicant demonstrated that it had engaged in meaningful negotiations with the union and provided comprehensive documentation of the negotiation process. The Commission concluded that the agreement met the statutory requirements for approval, noting that it contained provisions that were fair and reasonable for the employees covered by the agreement. The agreement was approved, and the Commission issued its decision and orders accordingly.

The Fair Work Commission approved the Western Power and CEPU Enterprise Agreement 2025, finding that it had been negotiated in good faith and met the statutory requirements for approval. The agreement was deemed to be fair and reasonable for the employees it covered. The Commission issued its decision and orders in line with the findings, officially recognising the agreement as valid and enforceable.

Electricity Networks Corporation Trading AS Western Power

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established