DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Powertech Pty Ltd
(AG2021/4610)

POWERTECH ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 2 JUNE 2021

Application for approval of the Powertech Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Powertech Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Powertech Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 9 June 2021. The nominal expiry date of the Agreement is 1 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Powertech Pty Ltd is a company that operates in the electrical and telecommunications sectors. It sought approval from the Fair Work Commission for the Powertech Enterprise Agreement 2021. The application was brought before the Fair Work Commission, presided over by Deputy President Jones. The agreement was proposed to regulate the terms and conditions of employment for Powertech's employees, including provisions related to wages, hours of work, leave entitlements, and other employment-related matters.

The primary legal issues the court needed to address were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it complied with the requirements for a certified agreement. Specifically, the court needed to determine if the agreement had been negotiated in good faith, if it provided for the fair and reasonable terms and conditions of employment, and if it met the criteria for being a simple or low-complexity agreement. Additionally, the court had to consider whether the agreement was appropriately certified by an authorised officer of the Fair Work Commission.

In its decision, the Fair Work Commission found that the Powertech Enterprise Agreement 2021 was made in good faith and contained fair and reasonable terms and conditions of employment. The court considered the process by which the agreement was negotiated and certified, and concluded that it met the requirements of the Fair Work Act. The Deputy President noted that the agreement was straightforward in nature, and as such, it was appropriately classified as a low-complexity agreement. The court was satisfied that the agreement provided for the minimum entitlements required under the National Employment Standards and addressed various employment-related matters in a fair and reasonable manner.

Consequently, the Fair Work Commission approved the Powertech Enterprise Agreement 2021, effective from the date of the decision. The agreement was to apply to the employees of Powertech Pty Ltd and would remain in force until it was terminated or replaced by a new agreement. The Deputy President's decision recognised the importance of facilitating fair and reasonable terms of employment for both employers and employees within the context of the Fair Work Act.

Powertech 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