DECISION

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

Energy Queensland Limited
(AG2020/2799)

ENERGY QUEENSLAND UNION COLLECTIVE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 NOVEMBER 2020

Application for approval of the Energy Queensland Union Collective Agreement 2020.

[1] Energy Queensland Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Energy Queensland Union Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The view of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the Australian Municipal, Administrative, Clerical and Services Union; the Association of Professional Engineers, Scientists and Managers, Australia; and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover those organisations. In accordance with s.201(2) of the Act, and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

[7] Subject to the Undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] The Agreement is approved in accordance with s.54 of the Act and will operate from 10 November 2020. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Energy Queensland Limited applied to the Fair Work Commission for approval of the Energy Queensland Union Collective Agreement 2020. The Union argued that the application should be dismissed due to procedural issues in the process that led to the Agreement. The Commission was tasked with determining whether the procedural irregularities were significant enough to warrant dismissal of the application and, if not, whether the Agreement met the criteria for approval.

The central legal issues revolved around whether the procedural flaws were substantial and whether the Agreement complied with the requirements of the Fair Work Act. The Union contended that there were significant procedural breaches that invalidated the Agreement, while Energy Queensland Limited argued that any procedural issues were minor and did not affect the validity of the Agreement. The Commission examined the procedural steps taken and assessed whether they met the statutory standards.

After considering the evidence presented by both parties, the Commission found that while there were procedural issues, they were not substantial enough to invalidate the Agreement. The procedural flaws did not materially affect the fairness or validity of the Agreement. The Commission further determined that the Agreement met all the necessary criteria for approval under the Fair Work Act. Consequently, the application for approval of the Energy Queensland Union Collective Agreement 2020 was granted.

The Commission ordered that the Energy Queensland Union Collective Agreement 2020 be approved, effective from the date of the decision. This decision was made in light of the procedural issues being deemed minor and the Agreement being found to meet the statutory requirements for approval.

Energy Queensland Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established