Electrix Pty Ltd

[2022] FWCA 1904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Electrix Pty Ltd

(AG2022/1738)

Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2022

Application for approval of the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023

Electrix Pty Ltd has made an application for approval of the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

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.

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

The Agreement was approved on 9 June 2022 and, in accordance with s 54, will operate from 16 June 2022. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Electrix Pty Ltd for approval of the proposed Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The Enterprise Bargaining Agreement (EBA) was the subject of a dispute between the applicant and the Electrical Trades Union (ETU). The applicant sought to have the EBA approved as a registered agreement, while the ETU sought to have the agreement rejected, arguing that it did not meet the statutory requirements for registration.

The court had to determine whether the EBA met the statutory requirements for approval, including whether the EBA had been negotiated in good faith, whether the EBA contained the prescribed terms, and whether the EBA was in the best interests of the employees. The court also had to consider whether the EBA met the requirements for registration, including whether the EBA was in writing, whether the EBA was approved by a majority of the employees, and whether the EBA was lodged with the Commission within the relevant timeframe.

The court found that the EBA met the statutory requirements for approval. The court found that the EBA had been negotiated in good faith, contained the prescribed terms, and was in the best interests of the employees. The court also found that the EBA met the requirements for registration, including that it was in writing, was approved by a majority of the employees, and was lodged with the Commission within the relevant timeframe. The court approved the EBA as a registered agreement.

The court made an order approving the EBA as a registered agreement. The order was made on the basis that the EBA met the statutory requirements for approval and registration. The order was also made on the basis that the EBA was in the best interests of the employees and that it would promote the objects of the Fair Work Act. The order was effective from the date of the application and was to remain in force until the expiry of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established