Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland

[2020] FWCA 6765

[2020] FWCA 6765

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
(AG2020/3470)

POWERLINK MANAGERS ENTERPRISE AGREEMENT 2021

Electrical power industry
COMMISSIONER HUNT	BRISBANE, 15 DECEMBER 2020

Application for approval of the Powerlink Managers Enterprise Agreement 2021.

[1] Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (the Employer) has applied for approval of an enterprise agreement known as the Powerlink Managers Enterprise Agreement 2021 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from the bargaining representatives to my chambers regarding the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

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

[5] The APESMA and ASU being a bargaining representative for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the APESMA and ASU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. It is noted, however that the Powerlink Managers Enterprise Agreement 2018 applies to employees and to the Employer and is currently in force, as its nominal expiry date is 21 January 2021. If there is no intervening event between now and 21 January 2021, pursuant to s.58 of the Act, the Powerlink Managers Enterprise Agreement 2018 will apply until 21 January 2021 when it is replaced by the Powerlink Managers Enterprise Agreement 2021.

COMMISSIONER

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<AE509833  PR725464>

Annexure A: