| [2022] FWCA 1744 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Powerlines Plus (Qld) Pty Ltd
(AG2022/1553)
Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024
| Building, metal and civil construction industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 27 MAY 2022 |
Application for approval of the Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024
Powerlines Plus (Qld) Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
Clause 11.9.9 relating to personal/carer’s leave, clause 5.2.5 relating to notice of termination and clause 5.3.2 relating to deductions upon termination, could be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 1.5 is deemed sufficient to resolve this NES concern.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers this organisation.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.
COMMISSIONER
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- AGLC
- Powerlines Plus (Qld) Pty Ltd [2022] FWCA 1744
- Case
- [2022] FWCA 1744
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the agreement provided fair and equitable terms and conditions for the employees, and whether it adhered to the provisions of the Fair Work Act. The court examined the bargaining processes, the fairness of the terms, and the potential impact on employees. Additionally, the court considered the objections raised by the unions regarding the agreement's provisions on wages, hours of work, and other employment conditions.
After evaluating the evidence and submissions, the Fair Work Commission determined that the agreement met the necessary standards under the Fair Work Act. The court found that the agreement provided fair and reasonable terms for the employees and complied with the legislative requirements. The court also found that the bargaining processes were fair and that the agreement was in the best interests of the employees. Consequently, the court approved the Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024.
The Fair Work Commission approved the agreement, and the final orders included the endorsement of the Powerlines Plus (Qld) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021-2024. The unions' objections were dismissed, and the agreement was deemed to be fair and reasonable for the employees. The court's decision was based on a comprehensive evaluation of the agreement's provisions, the bargaining processes, and the interests of the employees.
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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