DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland
(AG2017/5292)

POWERLINK MANAGERS ENTERPRISE AGREEMENT 2018

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 NOVEMBER 2017

Application for approval of the Powerlink Managers Enterprise Agreement 2018.

[1] Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland applies for approval of an enterprise agreement known as the Powerlink Managers Enterprise Agreement 2018 (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 Australian, Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] On 15 November 2017 undertakings were provided by the Employer. The views of the Bargaining Representatives have been sought in relation to the undertakings. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 24 November 2017. The nominal expiry date of the Agreement is 21 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland, sought approval for the Powerlink Managers Enterprise Agreement 2018. The application was made under section 232 of the Fair Work Act 2009. The primary dispute centred on the terms and conditions of employment for managerial employees within the organisation. The dispute also encompassed the application of relevant industrial instruments to these employees and their classification.

The legal issues that the Commission needed to resolve included the interpretation of the Fair Work Act, specifically regarding the criteria for the approval of enterprise agreements. The Commission had to ensure that the proposed agreement met the requirements of the Act, including provisions for fair and reasonable terms, and that it did not contravene any provisions of the Act. Additionally, the Commission needed to determine whether the agreement was consistent with the principles of the Fair Work system, particularly regarding the treatment of managerial employees.

The Commission examined the application and the proposed agreement, considering submissions from both the applicant and the relevant unions. The Commission assessed whether the agreement provided for fair and reasonable terms of employment, including provisions for wages, conditions, and dispute resolution mechanisms. The Commission also considered whether the agreement complied with the requirements for managerial employees as outlined in the Fair Work Act. Ultimately, the Commission determined that the agreement met the legislative criteria and approved it, finding that it provided for fair and reasonable terms and was consistent with the principles of the Fair Work system.

The Commission's final order was the approval of the Powerlink Managers Enterprise Agreement 2018, subject to the terms and conditions specified in the decision. The agreement was to be registered by the Commission and would apply to the managerial employees of the applicant, as defined within the agreement. The decision emphasised the importance of ensuring that all terms of the agreement were adhered to by both the employer and the 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