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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The Queensland Electricity Transmission Corporation Limited, trading as Powerlink Queensland, applied for approval of the Powerlink Managers Enterprise Agreement 2021 before the Fair Work Commission. The application followed a process under the Fair Work Act 2009, which required the Commission to consider whether the agreement met the criteria for registration, including whether it promoted high wages and conditions, and facilitated productivity, organisational change and industrial peace. The dispute arose from disagreements between Powerlink Queensland and its employees represented by the Electrical Trades Union of Australia regarding the terms of the proposed agreement.

The primary legal issue before the Commission was whether the terms of the proposed agreement were consistent with the objects of the Fair Work Act, particularly in relation to promoting high wages and conditions, and facilitating productivity, organisational change and industrial peace. This involved assessing the provisions of the agreement against statutory criteria, including whether the agreement provided for a modern workplace culture, supported productivity and efficiency, and fostered a positive and productive workplace environment. Additionally, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including adequate wage rates and other entitlements.

The Commission found that the Powerlink Managers Enterprise Agreement 2021 met the statutory criteria for registration. The agreement provided for modern and flexible workplace practices, supported productivity and efficiency, and included provisions that fostered a positive and productive workplace environment. The Commission concluded that the agreement promoted high wages and conditions and facilitated productivity, organisational change and industrial peace. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate wage rates and other entitlements. The Commission approved the agreement, finding it to be in the interests of the employees and the employer.

The Fair Work Commission approved the Powerlink Managers Enterprise Agreement 2021, finding it to be consistent with the objects of the Fair Work Act. The Commission determined that the agreement promoted high wages and conditions, and facilitated productivity, organisational change and industrial peace. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate wage rates and other entitlements. The approval of the agreement ensures that it is registered and legally enforceable under the Fair Work Act, providing certainty and stability to both the employer and 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