[2015] FWCA 267

The attached document replaces the document previously issued with the above code on 14 January 2015.

It corrects an error in the agreement title in the preamble.

Oliver Pase

Associate to Senior Deputy President Harrison

14 January 2015

[2015] FWCA 267

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
(AG2014/10226)

POWERLINK MANAGERS ENTERPRISE AGREEMENT 2014

Electrical power industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 14 JANUARY 2015

Application for approval of the Powerlink Managers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Powerlink Managers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] Clause 6 of the Agreement (Consultation) does not fully meet the requirements of ss.205(1) and 205(1A) of the Act. Pursuant to s.205(2), the model consultation term is taken to be a term of the Agreement. A copy of the model term is attached at Annexure A.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union, known as the Australian Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers those organisations.

[5]
The Agreement is approved. In accordance with s.54(1) it will operate from 21 January 2015. The nominal expiry date of the Agreement is 21 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Queensland Electricity Transmission Corporation Limited, trading as Powerlink Queensland, and its employees. The primary dispute centred around the approval of the Powerlink Managers Enterprise Agreement 2014. The Commission was required to assess whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the criteria for approval as a single-interest employer agreement.

The legal issues before the Commission included whether the agreement provided for the terms and conditions of employment of the employees in a fair and reasonable manner, and whether it included the minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and if it was consistent with the spirit of the Act, including the protection of vulnerable employees.

The Commission found that the Powerlink Managers Enterprise Agreement 2014 did provide for fair and reasonable terms and conditions of employment. It included the minimum terms and conditions as required by the Fair Work Act, and it was in the best interests of the employees. The agreement was also consistent with the principles of the Act, including the protection of vulnerable employees. The Commission approved the agreement, recognising the importance of the enterprise agreement in maintaining industrial harmony and providing a framework for the employment relationship between Powerlink and its employees.

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established