Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

[2024] FWCA 2639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

(AG2024/2381)

POWERLINK MANAGERS ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER DURHAM	BRISBANE, 16 JULY 2024

Application for approval of the Powerlink Managers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Powerlink Managers Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Association of Professional Engineers, Scientists, and Managers, Australia (APESMA) and the Australian Municipal, Administrative, Clerical and Services Union (the Services Union) lodged a Form F18 statutory declaration giving 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 the Agreement covers the APESMA and the Services Union.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 21 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Queensland Electricity Transmission Corporation Limited, trading as Powerlink Queensland, and the Electrical Trades Union of Australia. The dispute centred around the approval of the Powerlink Managers Enterprise Agreement 2024, which was the subject of an application to the Fair Work Commission. The case was heard and decided by the Fair Work Commission in Australia.

The legal issues before the Commission involved determining whether the proposed enterprise agreement was fair and reasonable in all respects. This required consideration of the terms and conditions of employment, the process by which the agreement was negotiated, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to ensure that the agreement was in the best interests of the employees and did not unduly disadvantage any party.

In reaching its decision, the Fair Work Commission undertook a detailed analysis of the proposed agreement. It considered the submissions from both parties, the fairness of the terms and conditions, and the process of negotiation. The Commission found that the agreement was fair and reasonable, taking into account the nature of the enterprise, the bargaining positions of the parties, and the overall economic climate. The Commission approved the Powerlink Managers Enterprise Agreement 2024, concluding that it met the necessary criteria under the Act.

The Commission made an order approving the Powerlink Managers Enterprise Agreement 2024, effective from the date specified in the agreement. The approval was subject to the terms and conditions set out in the agreement and was intended to provide a fair and reasonable framework for the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established