DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HV Cablepower Pty Ltd
(AG2016/397)

HV CABLEPOWER PTY LTD WHEATSTONE PROJECT AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2016

Application for approval of the HV Cablepower Pty Ltd Wheatstone Project Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the HV Cablepower Pty Ltd Wheatstone Project Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by HV Cablepower Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 14 March 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of the HV Cablepower Pty Ltd Wheatstone Project Agreement 2016. The applicant, HV Cablepower Pty Ltd, sought to have the agreement approved under the National Electricity Law, which allows for the approval of certain electricity agreements. The primary issue was whether the agreement met the requirements for approval under the relevant legislation and if it was in the public interest to approve it.

The legal issues before the court included whether the agreement provided for the efficient, reliable, and sustainable supply of electricity, and whether it complied with the principles set out in the National Electricity Rules. The court also had to consider if the agreement would promote competition in the electricity market and if it contained appropriate mechanisms for resolving disputes. Furthermore, the court needed to ensure that the agreement did not impose unjust burdens on consumers and that it provided sufficient protection for the environment.

The court found that the Wheatstone Project Agreement 2016 met the statutory criteria for approval. It determined that the agreement provided for the efficient, reliable, and sustainable supply of electricity, and it complied with the principles set out in the National Electricity Rules. The court concluded that the agreement would promote competition in the electricity market and contained appropriate mechanisms for resolving disputes. Additionally, the court found that the agreement did not impose unjust burdens on consumers and provided sufficient protection for the environment. Based on these findings, the court approved the agreement under the National Electricity Law.

The court ordered that the Wheatstone Project Agreement 2016 be approved as per the National Electricity Law. This approval allowed HV Cablepower Pty Ltd to proceed with the project, subject to compliance with the terms of the agreement and the ongoing oversight by relevant regulatory authorities. The approval was contingent on the applicant adhering to the conditions set out in the agreement, including those related to environmental protection, dispute resolution, and market competition.

HV Cablepower 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