DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro-Electric Corporation T/A Hydro Tasmania
(AG2020/1849)

HYDRO TASMANIA ENTERPRISE AGREEMENT 2020 - 2021

Electrical power industry
COMMISSIONER JOHNS	SYDNEY, 5 AUGUST 2020

Application for approval of the Hydro Tasmania Enterprise Agreement 2020-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hydro Tasmania Enterprise Agreement 2020-2021 (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 Hydro Tasmania. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia (Professionals Australia) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2020. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Hydro-Electric Corporation trading as Hydro Tasmania, the Fair Work Commission was asked to approve a proposed enterprise agreement for the period 2020-2021. The Hydro Tasmania Enterprise Agreement 2020-2021 was subject to review to determine if it complied with the relevant provisions of the Fair Work Act 2009. The dispute arose from the proposed changes to employee working conditions, pay rates, and other terms and conditions of employment.

The legal issues before the Commission were whether the proposed agreement was in the best interests of the employees, whether it complied with the provisions of the Fair Work Act, and whether it met the 'better off overall test'. The Commission examined the proposed changes in the context of the existing enterprise agreement and the broader industrial environment. The Commission also considered submissions from both the employer and the employees, as well as relevant industry data and benchmarks.

The Commission determined that the proposed agreement was in the best interests of the employees and complied with the provisions of the Fair Work Act. The Commission found that the proposed changes to working conditions, pay rates, and other terms and conditions of employment were reasonable and met the 'better off overall test'. The Commission also noted that the proposed agreement provided for a number of benefits to employees, including increased pay rates, improved leave provisions, and greater flexibility in working arrangements. The Commission was satisfied that the proposed agreement was fair and reasonable and approved it accordingly.

The Commission's decision was that the Hydro Tasmania Enterprise Agreement 2020-2021 was approved as a registered agreement under the Fair Work Act. The agreement was to be registered by the Commission and would come into effect on the first day of July 2020. The Commission noted that the agreement would provide for a number of benefits to employees, including increased pay rates, improved leave provisions, and greater flexibility in working arrangements. The Commission was satisfied that the proposed agreement was fair and reasonable and met the 'better off overall test'.

Hydro-Electric Corporation T/A Hydro Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established