DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Powerlines Plus Pty Ltd
(AG2016/1577)

POWERLINES PLUS PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Powerlines Plus Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Powerlines Plus Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Powerlines Plus 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 12 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Powerlines Plus Pty Ltd was the subject of an application to the Fair Work Commission for the approval of its Enterprise Agreement 2016. The application was made by the company, which is engaged in the provision of electrical services, against the Electrical Trades Union of Australia. The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions, including wages and other employment conditions, for the employees covered by the agreement.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement did not adversely affect employees' minimum entitlements and whether it facilitated, rather than hindered, the improvement of workplace relations. The Commission had to assess if the agreement provided for appropriate mechanisms for dispute resolution and if it was free from any provisions that might be considered contrary to public policy.

After reviewing the submissions from both parties, the Fair Work Commission found that the Enterprise Agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms, and it did not contain any provisions that would undermine employees' minimum entitlements. Furthermore, the agreement included adequate dispute resolution mechanisms and did not contravene any public policy considerations. Consequently, the Commission approved the Enterprise Agreement, allowing it to come into effect as per its terms.

The Commission issued an order approving the Powerlines Plus Pty Ltd Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it, subject to the terms and conditions set out in the approved document.

Powerlines Plus 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