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

[2023] FWCA 2490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/2256)

ACTEWAGL (RETAIL/CORPORATE) ENTERPRISE AGREEMENT 2023

Electrical power industry
COMMISSIONER MCKINNON	SYDNEY, 11 AUGUST 2023

Application for approval of the ActewAGL (Retail/Corporate) Enterprise Agreement 2023

Icon Distribution Investments Limited and Jemena Networks (ACT) Pty Ltd T/A ActewAGL Distribution has applied for approval of a single enterprise agreement known as the ActewAGL (Retail/Corporate) Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 18 August 2023. The nominal expiry date of the Agreement is 1 July 2026.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Icon Distribution Investments Limited and Jemena Networks (ACT) Pty Ltd, trading as ActewAGL Distribution. The dispute was about the application for the approval of the ActewAGL (Retail/Corporate) Enterprise Agreement 2023. The matter was heard in the Fair Work Commission. The legal issues that the court had to decide were whether the agreement was in the best interests of the employees and whether it met the statutory requirements under the Fair Work Act 2009.

The court had to consider various aspects of the agreement, including the terms and conditions, the impact on employees, and whether the agreement was negotiated in good faith. The court also needed to ensure that the agreement provided for a fair and reasonable outcome for all parties involved. After careful consideration of the evidence and submissions, the court found that the agreement was in the best interests of the employees and met all the statutory requirements. The court also found that the agreement was negotiated in good faith and provided for a fair and reasonable outcome for all parties involved.

The court approved the ActewAGL (Retail/Corporate) Enterprise Agreement 2023, subject to certain modifications. The modifications were made to address issues raised by the court, including the need to ensure that the agreement provided for a fair and reasonable outcome for all parties involved. The final orders of the court included the approval of the agreement, subject to the modifications made by the court. The parties were required to implement the agreement and ensure that all employees were informed of the changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established