PowerCor Australia Limited; CitiPower Pty

[2014] FWCA 7027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PowerCor Australia Limited; CitiPower Pty
(AG2014/9169)

POWERCOR AUSTRALIA LTD/CITIPOWER PTY AND CEPU ENTERPRISE AGREEMENT 2013 - 2016

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 7 OCTOBER 2014

Application for approval of the Powercor Australia Ltd/CitiPower Pty and CEPU Enterprise Agreement 2013 - 2016.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Powercor Australia Ltd/CitiPower Pty and CEPU Enterprise Agreement 2013 - 2016 (the Agreement). The application has been made by Powercor Australia Ltd and CitiPower Pty. The Agreement is a multi-enterprise agreement.

[2] The application for approval of this Agreement was made by Peter Wilkins of Powercor Australia Ltd and CitiPower Pty on 26 September 2014.

[3] The Agreement was listed for e-hearing, in chambers before me at 2:00pm on Tuesday, 7 October 2014. All parties to the Agreement, including the employee bargaining representative, were notified of the e-hearing.

[4] Clause 15 — Consultation and Introduction of Change does not meet the requirements of s.205(1) and (1A) of the Act and r.2.09 and Schedule 2.3 of the Fair Work Regulations 2009 in relation to the mandatory content that must be included in a consultation term of an enterprise agreement. Accordingly, pursuant to s.205(2) of the Act, the model consultation term, as attached to this decision as Attachment A, is taken to be a term of the Agreement.

[5] 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Powercor Australia Ltd/CitiPower Pty and CEPU Enterprise Agreement 2013-2016. The parties included Powercor Australia Limited, CitiPower Pty Limited, and the Construction, Forestry, Maritime, Mining and Energy Union (CEFU). The primary dispute centred around whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the application sought to determine if the agreement satisfied the procedural requirements and substantive provisions outlined in the legislation, ensuring it did not adversely affect employees' general rights or the operation of any industrial law.

The legal issues the court had to decide involved whether the agreement was made in good faith and whether it contained the necessary procedural elements. The court examined if the agreement was genuinely negotiated between the employer and the union, if it met the requirements for fair terms and conditions, and if it complied with the procedural fairness principles set out in the Fair Work Act. Additionally, the court assessed if the agreement unfairly disadvantaged employees or contravened any other industrial laws.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including documentation and testimonies that supported the negotiation process and the contents of the agreement. The Commission concluded that the agreement was negotiated in good faith and contained all the necessary procedural elements. It found that the terms and conditions of the agreement were fair and met the statutory requirements. Consequently, the court approved the enterprise agreement, confirming that it did not unfairly disadvantage employees and complied with all relevant industrial laws. This approval authorised the agreement to take effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established