| [2018] FWCA 6891 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Powerlines Inspections & Maintenance Pty Ltd T/A Pole Power Powerline Construction & Maintenance
(AG2018/3868)
Powerlines Inspections & Maintenance Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021
| Electrical contracting industry | |
| Commissioner Lee | MELBOURNE, 9 NOVEMBER 2018 |
Application for approval of the Powerlines Inspections & Maintenance Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.
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 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Powerlines Inspections & Maintenance Pty Ltd T/A Pole Power Powerline Construction & Maintenance. The Agreement 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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2018. The nominal expiry date of the Agreement is 31 March 2021.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE500703 PR702169>
Annexure A
- AGLC
- Powerlines Inspections & Maintenance Pty Ltd T/A Pole Power Powerline Construction & Maintenance [2018] FWCA 6891
- Case
- [2018] FWCA 6891
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the "better off overall test" (BOOT) and if it included all required minimum terms and conditions. The BOOT required that employees be no worse off financially and at least as well off in other terms and conditions compared to their previous arrangements. The court also had to consider if the agreement appropriately classified employees and if it contained any illegal or unenforceable terms.
The Fair Work Commission found that the proposed agreement met the BOOT, as employees would not be worse off financially and would retain or improve their terms and conditions. The court also found that the agreement appropriately classified employees and contained all required minimum terms and conditions. The Electrical Trades Union of Australia's opposition was dismissed, and the agreement was approved. The court held that the agreement was fair and balanced, and it met the statutory requirements under the Fair Work Act 2009.
The final order of the court was the approval of the Powerlines Inspections & Maintenance Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Powerlines Inspections & Maintenance Pty Ltd, trading as Pole Power Powerline Construction & Maintenance, from the date of approval. The agreement would remain in effect until the end of the specified term, unless terminated or varied in accordance with the Fair Work Act 2009.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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