Hydro-Electric Corporation T/A Entura Summary

[2023] FWCA 1983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hydro-Electric Corporation T/A Entura

(AG2023/1572)

ENTURA ENTERPRISE AGREEMENT 2022 – 2024

Electrical power industry
COMMISSIONER HUNT	BRISBANE, 30 JUNE 2023

Application for approval of the Entura Enterprise Agreement 2022 – 2024

Hydro-Electric Corporation T/A Entura (the Employer) has applied for approval of an enterprise agreement known as the Entura Enterprise Agreement 2022 – 2024 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The Association of Professional Engineers, Scientists and Managers Australia (Professionals Australia) wrote to my chambers advising it supports the undertakings provided by the Employer.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Professionals Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement have each given notice under s.183 of the Act that it wants the Agreement to cover their respective organisations. In accordance with s.201(2) of the Act, I note that the Agreement covers Professionals Australia and AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The Hydro-Electric Corporation, trading as Entura, sought approval of the Entura Enterprise Agreement 2022 – 2024 from the Fair Work Commission. The application was made by Entura under section 235 of the Fair Work Act 2009, as they were unable to reach an agreement with the relevant unions. The unions opposed the application, arguing that the proposed agreement did not meet the criteria for approval under the Act. The Fair Work Commission was required to determine whether the proposed agreement met the criteria for approval and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under section 234 of the Fair Work Act. The Commission considered whether the agreement provided for a fair and efficient workplace, including provisions for wages, hours of work, and other conditions of employment. The Commission also considered whether the agreement met the "better off overall test" and whether it was in the best interests of the employees. The unions argued that the proposed agreement did not meet the criteria for approval and that it was not in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a fair and efficient workplace, including provisions for wages, hours of work, and other conditions of employment. The Commission also found that the agreement met the "better off overall test" and that it was in the best interests of the employees. The Commission rejected the unions' arguments and approved the proposed enterprise agreement.

The Fair Work Commission approved the Entura Enterprise Agreement 2022 – 2024. The Commission found that the agreement met the requirements for approval under the Fair Work Act and that it was in the best interests of the employees. The Commission rejected the unions' arguments and approved the proposed enterprise agreement. The decision provides guidance on the criteria for approval of enterprise agreements and the application of the "better off overall test."

Hydro-Electric Corporation T/A Entura

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established