Powerlines Inspections & Maintenance Pty Ltd T/A Pole Power Powerline Construction & Maintenance

[2021] FWCA 6119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Powerlines Inspections & Maintenance Pty Ltd T/A Pole Power Powerline Construction & Maintenance
(AG2021/7548)

POWERLINES INSPECTIONS & MAINTENANCE PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2021-2024

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 5 OCTOBER 2021

Application for approval of the Powerlines Inspections & Maintenance Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the Powerlines Inspections & Maintenance Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Power Lines Inspections & Maintenance Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[3] The Electrical, Energy and Services Division, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Powerlines Inspections & Maintenance Pty Ltd, trading as Pole Power Powerline Construction & Maintenance, applied for the approval of the Powerlines Inspections & Maintenance Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024. The applicant sought to have the agreement registered as a single-employer agreement under the Fair Work Act 2009, which would exempt it from the requirements of the Act in relation to the employees covered by the agreement. The application was opposed by the Electrical Trades Union of Australia, which argued that the agreement was not in the best interests of the employees, and by the Australian Workers' Union, which argued that the agreement did not comply with the requirements of the Act.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Act. The Commission considered the evidence and submissions of the parties and found that the agreement was in the best interests of the employees and complied with the requirements of the Act. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases, improved leave entitlements, and enhanced dispute resolution provisions. The Commission also found that the agreement complied with the requirements of the Act, including the requirement that it be in writing, that it be made by an employer and a union or a group of employees, and that it contain certain minimum terms and conditions.

The Commission approved the agreement, finding that it met the criteria for approval under the Act. The Commission noted that the agreement was the result of good faith bargaining between the parties and that it provided for a fair and reasonable outcome for employees. The Commission also noted that the agreement provided for a number of mechanisms to ensure that it was reviewed and updated regularly, which would help to ensure that it remained relevant and effective in the future. The Commission made an order approving the agreement as a single-employer agreement under the Act, and the agreement was registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established