DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Powercor Australia Ltd; CitiPower Pty Ltd
(AG2016/7204)

POWERCOR AUSTRALIA LTD/CITIPOWER PTY LTD AND CEPU ENTERPRISE AGREEMENT 2016 - 2020

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 24 JANUARY 2017

Application for approval of the Powercor Australia Ltd/CitiPower Pty Ltd and CEPU Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Powercor Australia Ltd/CitiPower Pty Ltd and CEPU Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Powercor Australia Ltd; CitiPower Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Powercor Australia Ltd and CitiPower Pty Ltd sought approval of their enterprise agreement with the Communications, Electrical and Plumbing Union. The companies argued that the agreement was necessary to ensure they could operate efficiently and meet their business objectives. The union, on the other hand, contended that the agreement contained terms that were unfair and should not be approved.

The legal issues before the Commission were whether the agreement was in the best interests of the employees, and whether it met the "better off overall test" under the Fair Work Act. The Commission had to consider the balance of rights and obligations in the agreement and determine if it provided employees with a fair and reasonable outcome. Additionally, the Commission had to assess if the agreement contained any terms that were contrary to the public interest.

In delivering its decision, the Commission found that the agreement was in the best interests of the employees and met the better off overall test. The Commission noted that the agreement provided employees with a range of benefits, including wage increases, improved leave entitlements, and better working conditions. The Commission also found that the agreement did not contain any terms that were contrary to the public interest. The Commission approved the enterprise agreement, subject to certain modifications to address minor concerns raised by the union.

The final orders of the Commission were that the Powercor Australia Ltd/CitiPower Pty Ltd and CEPU Enterprise Agreement 2016 - 2020 be approved, subject to the modifications made by the Commission. The agreement came into effect on the date of the Commission's decision, and both parties were bound by its terms.

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