DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Distribution Investments Limited and Jemena Networks (ACT) Pty Ltd T/A Evoenergy
(AG2020/3163)

EVOENERGY AND COMBINED UNIONS ENTERPRISE AGREEMENT 2020

Electrical power industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 NOVEMBER 2020

Application for approval of the Evoenergy and Combined Unions Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Evoenergy and Combined Unions Enterprise Agreement 2020 (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 Limited and Jemena Networks (ACT) Pty Ltd T/A Evoenergy. 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 Agreement lodged omitted pay rates within the Level 9 classification of the Agreement on page 76. On 13 November 2020, the Applicant filed an amended Agreement, fixing the omitted pay rates at Level 9, pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Association of Professional Engineers, Scientists & Managers Australia, known as Professionals Australia (APESMA), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2020. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Icon Distribution Investments Limited and Jemena Networks (ACT) Pty Ltd, trading as Evoenergy, were before the Fair Work Commission in an application for the approval of the Evoenergy and Combined Unions Enterprise Agreement 2020. The dispute centred around the validity and fairness of the proposed enterprise agreement, which was intended to govern the employment terms and conditions of certain employees of Evoenergy. The Fair Work Commission was tasked with determining whether the agreement met the legislative requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement was genuinely bargained, free from any coercive or oppressive conduct, and whether it contained the necessary minimum entitlements as prescribed by the Fair Work Act. The Commission also had to consider if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, ensuring that the bargaining agents were appropriately registered. Furthermore, the Commission examined whether the agreement provided for adequate pay and conditions, including provisions for minimum wage rates, penalty rates, leave entitlements, and other employment benefits.

In reaching its decision, the Commission examined the bargaining process and the content of the agreement. It found that the agreement was the result of genuine bargaining between the parties, with no evidence of undue influence or oppressive conduct. The Commission confirmed that the agreement met all statutory minimum entitlements and was consistent with relevant legislation. It concluded that the agreement was fair and reasonable, and thus approved it under the Fair Work Act. The approval ensures that the terms of the agreement will govern the employment conditions of the affected employees.

The Fair Work Commission approved the Evoenergy and Combined Unions Enterprise Agreement 2020, ensuring its implementation as a legally binding framework for the employment terms and conditions of the relevant employees. This decision provides clarity and legal certainty for both employers and employees, facilitating a stable industrial relations environment.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established