Icon Distribution Investments and Jemena Networks (ACT) Pty Ltd T/A ActewAGL Distribution

[2017] FWCA 3163

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Icon Distribution Investments and Jemena Networks (ACT) Pty Ltd T/A ActewAGL Distribution

(AG2017/1510)

ActewAGL and Combined Unions Enterprise Agreement 2017

Australian Capital Territory
Commissioner Lee	MELBOURNE, 8 JUNE 2017

Application for approval of the ActewAGL and Combined Unions Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the ActewAGL and Combined Unions Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon Distribution Investments and Jemena Networks (ACT) Pty Ltd T/A ActewAGL Distribution. The Agreement is a single enterprise agreement.

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.

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 Construction, Forestry, Mining and Energy Union, the Association of Professional Engineers, Scientists and Managers, Australia, the Community and Public Sector Union, the Transport Workers’ Union of Australia, the National Union of Workers, the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union known as the Australian Manufacturing Workers Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Icon Distribution Investments and Jemena Networks (ACT) Pty Ltd, trading as ActewAGL Distribution. The dispute was about the approval of the ActewAGL and Combined Unions Enterprise Agreement 2017. The Fair Work Commission heard the matter. The key legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to procedural fairness and the avoidance of potential detriment to employees.

The Commission examined the process through which the agreement was negotiated and whether it complied with the necessary standards of procedural fairness. It also considered whether the agreement might lead to any detriment to the employees. The Commission found that the negotiation process was largely compliant with the required standards of procedural fairness. However, it did identify some procedural shortcomings, particularly in relation to the communication of the agreement's terms to the employees. Despite these issues, the Commission concluded that the overall process was fair enough and that the agreement did not lead to any significant detriment to the employees.

In reaching its decision, the Commission weighed the procedural shortcomings against the benefits of the agreement, including potential improvements in working conditions and terms. The Commission determined that the benefits of the agreement outweighed the procedural issues. Consequently, the Commission approved the ActewAGL and Combined Unions Enterprise Agreement 2017, subject to certain conditions aimed at mitigating any remaining concerns about procedural fairness. The court ordered that the agreement be implemented in accordance with the conditions set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established