DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia
(AG2019/2364)

ENERGYAUSTRALIA HALLETT ENTERPRISE AGREEMENT 2019

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 30 JULY 2019

Application for approval of the EnergyAustralia Hallett Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the EnergyAustralia Hallett Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 July 2019.

[3] On 25 July 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 July 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• All hours worked outside the ordinary span of hours attract an overtime rate.

• The Applicant is obliged to provide all relevant information regarding a major workplace change to affected employees.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 29 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia applied to the Fair Work Commission for the approval of the Enterprise Agreement 2019, which proposed to regulate the terms and conditions of employment for its employees. The application was contested by the Australian Manufacturing Workers' Union, which argued that the proposed agreement did not adequately protect employee rights and interests.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it met the "better off overall test" for employees. This test required the Commission to determine if employees would be better off with the proposed agreement than they would be without it, considering factors such as wages, hours of work, and other conditions of employment.

In assessing the application, the Commission considered the parties' submissions and evidence, as well as relevant legislative provisions. The Commission found that the agreement met the formal requirements of the Act and provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement met the better off overall test, as it provided for a 2.5% increase in wages and improved conditions for certain employee groups. The Commission approved the agreement, subject to certain modifications to address the union's concerns.

The final orders of the Commission were that the Enterprise Agreement 2019 be approved, with modifications to clauses relating to shift differentials, penalty rates, and the definition of a shift. The modifications were designed to address the union's concerns and ensure that employees were not disadvantaged by the agreement. The parties were directed to give the Commission notice of any further variations to the agreement.

EnergyAustralia Hallett Pty Ltd T/A EnergyAustralia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established