DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2018/1381)

ELECTRIX PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 AUGUST 2018

Application for approval of the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrix Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 31 August 2020.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Electrix Pty Ltd applied for approval of the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2016 - 2020. The application was made under section 234 of the Fair Work Act 2009. The applicant, Electrix, is a powerline construction and maintenance company, and the respondent, ETU, is a trade union representing its employees. The dispute centred on whether the proposed enterprise agreement met the criteria for approval set out in the Fair Work Act.

The court was required to determine whether the agreement provided for the compulsory resolution of all disputes between the parties and their employees and whether it facilitated the efficient operation of the enterprise. Additionally, the court needed to assess if the agreement contained provisions that were contrary to public policy. The union argued that the agreement did not adequately address certain employee entitlements and that some clauses contravened public policy.

The court found that the agreement did provide for the compulsory resolution of all disputes and facilitated the efficient operation of the enterprise. However, it identified several clauses that were contrary to public policy, particularly those that allowed for the reduction of certain employee entitlements. These clauses were deemed unacceptable as they undermined the fundamental protections afforded to employees under Australian labour law. Consequently, the court refused to approve the agreement as it stood.

The court ordered that the agreement be returned to the parties for amendment, with specific directions to remove the clauses that were contrary to public policy and to ensure that all provisions complied with the statutory requirements for enterprise agreements. The court emphasized the importance of protecting employee rights and maintaining the integrity of the industrial relations system.

Electrix Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established