DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Powercor Australia Ltd; CitiPower Pty Ltd
(AG2020/1589)

POWERCOR AUSTRALIA LTD/CITIPOWER PTY LTD & ASU, PA, UWU ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER MCKINNON	MELBOURNE, 15 JULY 2020

Application for approval of the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2020.

[1] Application has been made by Powercor Australia Ltd and CitiPower Pty Ltd for approval of a single enterprise agreement known as the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. The nominal expiry date of the Agreement is 31 December 2021.

[4] The Agreement covers the Australian Municipal, Administrative, Clerical and Services Union, The Association of Professional Engineers, Scientists and Managers, Australia, and the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Powercor Australia Ltd and CitiPower Pty Ltd sought approval of their Enterprise Agreement 2020 from the Fair Work Commission. The Australian Services Union, the Professional Association, and the United Workers Union were the registered unions involved. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable in all aspects.

The key legal issues before the Commission were whether the terms and conditions outlined in the Enterprise Agreement were within the bounds of the Fair Work Act 2009, and whether the agreement provided for fair and reasonable terms and conditions of employment. This included scrutiny of the agreement's provisions on wages, hours of work, leave entitlements, and other employment-related matters. The Commission also considered whether the agreement was genuinely negotiated and whether it met the "better off overall test."

The Fair Work Commission found that the Enterprise Agreement 2020 was fair and reasonable, and complied with the legislative requirements. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and met the better off overall test. The Commission noted that the agreement provided for a range of terms and conditions that were no less favourable than the applicable awards or registered agreements. The Commission approved the agreement, highlighting its balanced approach to the needs of both the employers and employees.

The final orders of the Commission included the approval of the Powercor Australia Ltd/CitiPower Pty Ltd & ASU, PA, UWU Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement its terms and conditions.

Powercor Australia Ltd; CitiPower Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established