Powerlight Proprietary Limited Summary

[2022] FWCA 1270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Powerlight Proprietary Limited

(AG2022/1011)

Powerlight Proprietary Limited ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 14 APRIL 2022

Application for approval of the Powerlight Proprietary Limited ETU Enterprise Agreement 2021 – 2025

Powerlight Proprietary Limited has applied for approval of an enterprise agreement known as the Powerlight Proprietary Limited ETU Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 19.4 – Exemption from redundancy clause;
·           Clause 20.1(f) – Notice; and
·           Clause 23.2(g) – Public Holidays.

However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Powerlight Proprietary Limited applied for approval of the Powerlight Proprietary Limited ETU Enterprise Agreement 2021-2025. The application was brought before the court by the Fair Work Commission, which had earlier approved the agreement under section 184 of the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary criteria for approval, including whether it contained the required protections and provisions as outlined in the Act.

The primary legal issue before the court was whether the agreement was consistent with the legislative requirements and provided adequate protections for employees. This involved examining the agreement's compliance with the provisions set out in the Fair Work Act, particularly whether it contained minimum entitlements, provisions for dispute resolution, and provisions for the protection of employees. The court also considered the fairness and reasonableness of the agreement, including whether it provided a safety net for employees and whether it complied with the public interest.

The court found that the agreement met all the necessary criteria for approval. It contained the required minimum entitlements, provisions for dispute resolution, and provisions for the protection of employees. The court was satisfied that the agreement provided a safety net for employees and was fair and reasonable. The court held that the agreement was consistent with the legislative requirements and was in the public interest. Consequently, the court approved the agreement under section 186 of the Fair Work Act.

The final orders of the court were that the Powerlight Proprietary Limited ETU Enterprise Agreement 2021-2025 be approved as a registered agreement under the Fair Work Act. This decision was made on the basis that the agreement complied with all legislative requirements, provided adequate protections for employees, and was fair and reasonable. The approval of the agreement allows it to be registered and enforced as a binding contract between the employer and the employees covered by the agreement.

Powerlight Proprietary Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established