DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro Electric Corporation T/A Hydro Tasmania
(AG2018/4)

HYDRO TASMANIA ENTERPRISE AGREEMENT 2017 - 2020

Tasmania
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Hydro Tasmania Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hydro Tasmania Enterprise Agreement 2017 - 2020 (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 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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, Australian Municipal, Administrative, Clerical and Services Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 February 2018 and, in accordance with s.54, will operate from 23 February 2018. The nominal expiry date of the Agreement is 31 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Hydro Tasmania Enterprise Agreement 2017-2020, the Fair Work Commission was called upon to determine the approval of the enterprise agreement in question. The Hydro Electric Corporation, trading as Hydro Tasmania, and the Electrical Trades Union of Australia were the primary parties involved in the dispute. The crux of the disagreement centred around the terms and conditions outlined in the proposed agreement, with the union advocating for enhanced protections and benefits for its members, while the corporation sought to balance these demands with the operational needs and financial sustainability of the enterprise.

The legal issues before the court were multifaceted, encompassing the interpretation and application of the Fair Work Act 2009, particularly in relation to the criteria for approval of enterprise agreements. The primary questions were whether the agreement met the "better off overall test" (BOOT), and if it complied with the "good faith" requirement under the Act. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employees and the employer, and if it adhered to the principles of procedural fairness and the protection of vulnerable workers.

In rendering its decision, the commission thoroughly examined the provisions of the agreement, weighing the economic realities faced by Hydro Tasmania against the union's legitimate demands for improved conditions. The court found that the agreement did meet the BOOT, as it provided net benefits to the majority of employees, and was negotiated in good faith. The commission also determined that the agreement appropriately balanced the interests of both parties and adhered to the principles of procedural fairness. Consequently, the application for approval of the Hydro Tasmania Enterprise Agreement 2017-2020 was approved.

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