DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro-Electric Corporation T/A Entura
(AG2016/1353)

ENTURA ENTERPRISE AGREEMENT - 2015-2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 7 JULY 2016

Application for approval of the Entura Enterprise Agreement - 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Entura Enterprise Agreement - 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hydro-Electric Corporation t/a Entura. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Hydro-Electric Corporation, trading as Entura, applied to the Fair Work Commission for the approval of an enterprise agreement it had negotiated with its employees. The application was contested by the Electrical Trades Union of Australia, which raised concerns about certain provisions of the agreement. The matter was heard in the Fair Work Commission, presided over by Commissioner J. M. Sheargold.

The central issue for the Commission was whether the provisions of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Union argued that certain clauses in the agreement unfairly disadvantaged employees and did not provide adequate protections in relation to termination and redundancy. The Commission needed to determine whether these provisions were consistent with the principles of procedural fairness and the overarching objectives of the Fair Work Act.

Commissioner Sheargold examined the specific provisions in question and considered the evidence presented by both parties. The Commissioner noted that while the agreement contained certain clauses that appeared to be harsh, they were necessary to maintain the competitiveness of the employer in a challenging economic environment. The Commissioner concluded that, despite some concerns, the provisions did not breach the requirements of the Act and were therefore fair and reasonable. Accordingly, the application for approval was successful.

The Fair Work Commission approved the Entura Enterprise Agreement 2015-2018, subject to the conditions set out in the decision. The Union's objections were largely dismissed, and the agreement was to take effect from the date of the decision, binding all parties involved.

Hydro-Electric Corporation T/A Entura

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established