DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy
(AG2018/1251)

ENDEAVOUR ENERGY ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2018

Application for approval of the Endeavour Energy Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Endeavour Energy 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 Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy. The Agreement is a single-enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached at 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, 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 Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia), the Australian Municipal, Administrative, Clerical and Services Union (the ASU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Endeavour Energy Network Management Pty Ltd, trading as Endeavour Energy, applied for approval of the Endeavour Energy Enterprise Agreement 2017. The applicant, a company involved in energy distribution, sought to have the agreement, which was negotiated with relevant unions, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness and compliance of the agreement with the statutory requirements.

The primary legal issues revolved around whether the agreement was genuinely negotiated and whether it complied with the procedural requirements set out in the Fair Work Act. Specifically, the applicant needed to demonstrate that it had genuinely bargained with the relevant unions and that the agreement reflected the outcomes of that bargaining process. Additionally, the Commission had to ensure that the agreement met the statutory minimum standards and did not include any terms that were unlawful or otherwise unenforceable.

The Commission found that the applicant had genuinely negotiated with the relevant unions and that the agreement reflected the outcomes of that bargaining process. The Commission was satisfied that the applicant had acted in good faith and had engaged in a meaningful negotiation process. Furthermore, the agreement was deemed to comply with the statutory minimum standards and did not contain any unlawful terms. Consequently, the Commission approved the Endeavour Energy Enterprise Agreement 2017 as a registered agreement.

In light of the approval, the Commission made orders to register the Endeavour Energy Enterprise Agreement 2017 as a registered agreement under the Fair Work Act. This registration meant that the agreement would have legal effect and would govern the employment conditions of the employees covered by the agreement.

Endeavour Energy Network Management Pty Ltd T/A Endeavour Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established