DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland
(AG2020/2733)

WORKING AT POWERLINK 2020 UNION COLLECTIVE AGREEMENT

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 OCTOBER 2020

Application for approval of the Working at Powerlink 2020 Union Collective Agreement.

[1] The Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Working at Powerlink 2020 Union Collective Agreement (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement. A copy of the undertakings are also attached in Annexure A to this decision.

[3] The Agreement does not contain a flexibility term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives 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 these organisations.

[5] I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 23 October 2020. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland, the Fair Work Commission was presented with an application for the approval of the Working at Powerlink 2020 Union Collective Agreement. The application involved negotiations between the employer and the union, which sought to establish terms and conditions for the employees. The union argued that the proposed agreement was necessary to provide adequate representation and protection for the workers within the organisation.

The legal issues before the Commission centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was fair and reasonable in all its aspects. The Commission was required to assess the fairness and reasonableness of the terms and conditions set out in the agreement, taking into account the principles of good faith bargaining, proportionality, and the preservation of the inherent rights of employees.

In delivering its decision, the Commission examined the terms and conditions of the proposed agreement, considering the bargaining positions of both parties and the broader context of the industry. The Commission found that the agreement contained provisions that were fair and reasonable, and that it represented a genuine attempt by both parties to reach a consensus on the terms and conditions of employment. The Commission approved the Working at Powerlink 2020 Union Collective Agreement, subject to certain minor modifications to address specific concerns raised during the hearing.

The final orders of the Commission included the approval of the Working at Powerlink 2020 Union Collective Agreement, with the modifications made to the agreement as outlined in the decision. The Commission also directed that the agreement be registered with the Fair Work Commission and that it would come into effect on a date specified in the decision. The parties were required to take all necessary steps to give effect to the approved agreement and to ensure that its terms and conditions were properly implemented within the organisation.

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