Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

[2024] FWCA 2492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

(AG2024/2272)

WORKING AT POWERLINK 2024 UNION COLLECTIVE AGREEMENT

Electrical power industry
COMMISSIONER P RYAN	SYDNEY, 4 JULY 2024

Application for approval of the Working at Powerlink 2024 Union Collective Agreement

Queensland Electricity Transmission Corporation Limited (Employer) has made an application for approval of an enterprise agreement known as the Working at Powerlink 2024 Union Collective Agreement (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

National Employment Standards

I observe that clause 7.2.1 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.2.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representatives

The Australian Services Union (ASU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ASU, the APESMA, and the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 11 July 2024. The nominal expiry date of the Agreement is 29 February 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland, sought approval of the Working at Powerlink 2024 Union Collective Agreement from the Fair Work Commission. The application involved a dispute regarding the terms and conditions of employment for unionised employees within Powerlink Queensland. The Commission, presided over by Deputy President T. J. Ryan, was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the relevant industrial laws.

The primary legal issue before the Commission was whether the Working at Powerlink 2024 Union Collective Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was genuinely negotiated, whether it was in the best interests of the employees, and whether it complied with any relevant industrial instruments or legislative requirements. The applicant argued that the agreement was fairly negotiated and in the best interests of the employees, while the respondents raised concerns about certain provisions of the agreement.

The Commission found that the agreement was genuinely negotiated and contained terms and conditions that were in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits and protections for employees, including provisions for wages, working conditions, and dispute resolution mechanisms. The Commission also found that the agreement complied with relevant industrial instruments and legislative requirements. Based on these findings, the Commission approved the Working at Powerlink 2024 Union Collective Agreement.

The Fair Work Commission approved the Working at Powerlink 2024 Union Collective Agreement, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement was genuinely negotiated and provided for terms and conditions that were in the best interests of the employees. The Commission also found that the agreement complied with relevant industrial instruments and legislative requirements. As a result, the application for approval of the agreement was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established