DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Energex Limited
(AG2015/1167)

ENERGEX UNION COLLECTIVE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 JUNE 2015

Application for approval of the Energex Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Energex Union Collective Agreement 2015 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Energex Limited. The agreement is a single enterprise agreement.

[2] The following employee organisations, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them:

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

The Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia);

Australian Municipal, Administrative, Clerical and Services Union; and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[3] In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] On 2 June 2015 an undertaking was provided by the Employer in relation to clause 3.5.2 of the Agreement. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[5] The Applicant has notified the Commission that the Agreement contains a typographical error. The Applicant filed with the Commission a copy of the proposed Agreement upon which Employees voted, the corrected copy of the Agreement and a letter requesting that the Commission exercise its powers pursuant to s.586 of the Act to correct the application for approval.

[6] Upon receipt of the undertakings from the Applicant, my Associate corresponded with the employee organisations that were named as a bargaining representative in relation to the Agreement. That correspondence requested each Union to advise its view in relation to the undertaking and the proposed corrections. A copy of the corrected Agreement was attached to the correspondence and confirmation was requested that this was the correct version of the Agreement. Each Union party responded consenting to both matters.

[7] Pursuant to s.586 of the Act, the Agreement is corrected as follows:

● Delete the title “Technical Servicepersons engaged as Field Construction Officers (FCOs), Supervisors and Paraprofessionals” on page 81 and insert “Technical Servicepersons engaged as Field Construction Officers (FCOs), Supervisors, Paraprofessionals and System Operators”; and

● Delete the first dot point on pages 81 and 83 and insert “10 day fortnight rates - Salary Points 0.0 to 10.3 include the 15.5% loading”.

[8] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[9] The Agreement, as corrected, is approved and, in accordance with s.54, will operate from 12 June 2015. The nominal expiry date of the Agreement is 28 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Energex Limited, sought approval for the Energex Union Collective Agreement 2015 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the union's members, who are employed by Energex Limited. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The primary legal issue before the Commission was whether the agreement was in compliance with the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the requirements for "better off overall" and whether it was fair and reasonable in all its terms. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and whether it was in the best interests of the employees.

In delivering its decision, the Commission considered the evidence presented by both parties, including the submissions on the economic and non-economic terms of the agreement. The Commission found that the agreement was genuinely negotiated and that it was fair and reasonable in all its terms. The Commission also determined that the agreement was better off overall for the employees, taking into account both economic and non-economic benefits. Consequently, the Commission approved the Energex Union Collective Agreement 2015.

The Fair Work Commission approved the Energex Union Collective Agreement 2015, finding that it met all the statutory requirements and was in the best interests of the employees. This decision provides clarity for both the employer and the union regarding the terms and conditions of employment, ensuring a fair and reasonable agreement for all parties involved.

Energex Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established