DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Grid Link Power Pty Ltd T/A National Grid Link Power
(AG2021/6761)

NATIONAL GRID LINK POWER PTY LTD ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER SPENCER	BRISBANE, 27 AUGUST 2021

Application for approval of the National Grid Link Power Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the National Grid Link Power Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Grid Link Power Pty Ltd T/A National Grid Link Power (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2021. The nominal expiry date of the Agreement is 27 August 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved National Grid Link Power Pty Ltd, trading as National Grid Link Power, and the Australian Council of Trade Unions. The company sought approval for its Enterprise Agreement 2021, which it had negotiated with its employees. The application was met with objections from the unions, leading to a dispute over the fairness and compliance of the proposed agreement with various labour laws and standards. The Fair Work Commission was tasked with reviewing the application and determining whether the agreement met the necessary criteria for approval.

The central legal issues the Commission had to address included whether the agreement complied with the statutory requirements for enterprise agreements, whether it provided for fair and reasonable terms and conditions for the employees, and whether it was made in good faith. The unions argued that the agreement did not adequately address certain employee protections and entitlements, and that it did not meet the standard of fairness required by the Fair Work Act 2009. The Commission also needed to consider whether the agreement was genuinely negotiated between the parties and whether it included proper dispute resolution mechanisms.

In delivering its decision, the Commission examined the contents of the proposed agreement in detail. It found that while some provisions could be improved to better protect employee rights, the overall agreement was fair and reasonable. The Commission determined that the company had negotiated in good faith and that the agreement contained adequate dispute resolution processes. After weighing the arguments and evidence presented by both sides, the Commission approved the Enterprise Agreement 2021, subject to certain minor modifications to address the identified concerns. These modifications were intended to ensure that the agreement met all legal standards and protected the interests of the employees effectively.

National Grid Link Power Pty Ltd T/A National Grid Link Power

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established