DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrix Pty Ltd
(AG2015/2621)

ELECTRIX PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2013 - 2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 JUNE 2015

Application for approval of the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2013 - 2016 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

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

[5] The Agreement was approved on 22 June 2015 and, in accordance with s.54, will operate from 29 June 2015. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrix Pty Ltd, the applicant, sought approval for the Electrix Pty Ltd & ETU Powerline Enterprise Agreement 2013-2016 from the Fair Work Commission. The applicant, a registered electrical contractor, and the Electrical Trades Union, sought to establish terms and conditions of employment for powerline workers. The matter was heard by Commissioner Dow, who was required to determine whether the proposed agreement was in the interests of the Australian community.

The key legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the agreement needed to pass the ‘better off overall test’ and the ‘public interest test’. The better off overall test required that the proposed agreement be at least as good as the relevant award or existing agreement, while the public interest test required that the agreement not be detrimental to the Australian community. The applicant argued that the agreement provided fair and reasonable terms for employees, while the respondent contended that the agreement did not provide adequate protections.

Commissioner Dow found that the agreement did not comply with the better off overall test as it did not provide sufficient protections for employees in certain areas. The commissioner also found that the agreement did not adequately address the needs of casual employees. Additionally, the agreement did not adequately protect employees from unfair dismissal. The commissioner held that the agreement failed the public interest test as it was not in the interests of the Australian community.

The commission did not approve the agreement, finding that it did not meet the statutory requirements. The applicant was directed to make further submissions to the commission, addressing the issues raised in the decision. The decision highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees, while also protecting the public interest.

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