DECISION

Fair Work Act 2009
s.222 - Application for approval of a termination of an enterprise agreement

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland
(AG2020/2735)

WORKING AT POWERLINK 2018 UNION COLLECTIVE AGREEMENT

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 16 OCTOBER 2020

Application for termination of the Working at Powerlink 2018 Union Collective Agreement.

[1] The Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland (Powerlink) applies for approval of a termination of an enterprise agreement known as the Working at Powerlink 2018 Union Collective Agreement (theAgreement). The application is made pursuant to s.222 of the Fair Work Act 2009 (theAct).

[2] The Agreement was approved on 17 November 2017 and nominally expires on 28 February 2021.

[3] Powerlink being the employer covered by the Agreement, applies for its termination pursuant to s.222 of the Act. The application was accompanied by the required declarations.

[4] The Commission must terminate the Agreement if those matters in s.223 of the Act are satisfied as follows:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[5] The originating application was accompanied by a Statutory Declaration of Ms Joanne Barrett, Manager of Employee Relations for Powerlink.

[6] Having considered that Statutory Declaration and the information appended to it, I am satisfied that each of the requirements of ss.220(2) and 221(2) as are relevant to this application for termination have been met. I am further satisfied that there are no reasonable grounds for believing that the employees have not agreed to the termination and I consider that it is appropriate to approve the termination.

[7] In approving this application I note that the parties have negotiated a new enterprise agreement being the Working at Powerlink 2020 Union Collective Agreement which was approved by me on 16 October 2020 which will commence operation at the time the Agreement subject of this application is terminated.

[8] The termination of the Agreement is approved. The termination will operate from 23 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Queensland Electricity Transmission Corporation Limited, trading as Powerlink Queensland, to terminate the Working at Powerlink 2018 Union Collective Agreement. The application was brought under section 241 of the Fair Work Act 2009. The dispute centred around the negotiation of a new enterprise agreement and whether the existing agreement could be terminated to facilitate this process.

The central legal issue before the Commission was whether the application for termination met the criteria set out in section 241 of the Act, specifically whether there were "reasonable and fair" grounds for termination. This required an examination of the circumstances leading to the application, the efforts made to negotiate a new agreement, and whether the existing agreement was no longer fit for purpose. The Commission also had to consider the impact of termination on the employees and whether the application was made in good faith.

The Fair Work Commission found that the application for termination was made in good faith and that there were reasonable and fair grounds for termination. The Commission noted that negotiations for a new enterprise agreement had stalled, and the existing agreement was no longer meeting the needs of the business. The Commission emphasised the importance of the existing agreement being a product of good faith negotiations and that the application was not an attempt to circumvent the negotiation process. The Commission concluded that termination was appropriate in these circumstances to allow for the negotiation of a new enterprise agreement that better reflects the current business needs and conditions.

The Fair Work Commission granted the application for termination of the Working at Powerlink 2018 Union Collective Agreement, effective from the date specified in the application. This decision allowed Powerlink Queensland to proceed with the negotiation of a new enterprise agreement, while also providing protections for employees during the transition period. The Commission's decision balanced the need for businesses to adapt to changing circumstances with the rights and protections of employees under the Fair Work Act.

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