Powercor Australia Limited Summary

[2022] FWCA 4215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Powercor Australia Limited

(AG2022/4676)

Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2022

Electrical power industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 DECEMBER 2022

Application for approval of the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, and the United Workers’ Union, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 December 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Powercor Australia Limited and the Australian Services Union, along with CitiPower Pty Limited and United Workers Union, sought approval from the Fair Work Commission for an enterprise agreement. The applicant union members are employed by Powercor and CitiPower in Victoria. The Commission was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009, including the requirement that it must be in writing and provide for minimum terms and conditions of employment. The applicant employers argued that the agreement was a genuine enterprise agreement, while the applicant unions argued that the agreement was not a genuine enterprise agreement because it did not include a clause for the resolution of disputes. The Fair Work Commission held that the agreement was a genuine enterprise agreement, and therefore, it complied with the requirements of the Fair Work Act. The Commission found that the agreement did not need to include a clause for the resolution of disputes as the dispute resolution provisions were contained in the applicable industrial instrument. The Commission approved the agreement and made an order that it be registered and enforced.

The Fair Work Commission approved the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2022. The Commission found that the agreement was a genuine enterprise agreement and that it complied with the requirements of the Fair Work Act. The Commission held that the agreement did not need to include a clause for the resolution of disputes as the dispute resolution provisions were contained in the applicable industrial instrument. The Commission approved the agreement and made an order that it be registered and enforced.

Powercor Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established