Hydro Electric Corporation T/A Hydro Tasmania

[2014] FWCA 8000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hydro Electric Corporation T/A Hydro Tasmania
(AG2014/7792)

HYDRO TASMANIA ENTERPRISE AGREEMENT 2013 - 2017

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 11 NOVEMBER 2014

Application for approval of the Hydro Tasmania Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hydro Tasmania Enterprise Agreement 2013–2017 (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, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Hydro Electric Corporation, trading as Hydro Tasmania, applied to the Fair Work Commission for approval of the Hydro Tasmania Enterprise Agreement 2013-2017. The application was made by the employer, and the Australian Council of Trade Unions and the Australian Services Union were the relevant employee representatives. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement provided adequate protections for employees, particularly in terms of pay rates, conditions, and the balance of power between the employer and employees. The Commission had to determine if the agreement complied with the "better off overall test" and whether it included all mandatory terms prescribed by the Act.

The Commission carefully examined the agreement, considering submissions from both parties. It focused on the provisions related to pay rates, allowances, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement provided for fair and reasonable terms and conditions, and it met the "better off overall test." It also determined that the agreement included all mandatory terms required by the Act. Consequently, the Commission approved the Hydro Tasmania Enterprise Agreement 2013-2017, finding it to be in compliance with the relevant legislative requirements.

In approving the agreement, the Commission highlighted the importance of maintaining fair and equitable terms for both employers and employees. It emphasised the need for the agreement to offer genuine benefits to employees and to foster a constructive industrial relations environment. The decision underscored the Commission's role in ensuring that enterprise agreements adhere to the statutory framework designed to protect employees' rights while also promoting efficient workplace practices.

The final order was that the Hydro Tasmania Enterprise Agreement 2013-2017 be approved in its entirety, effective from the date of the Commission's decision. This approval allowed the agreement to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established