DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland
(AG2017/5290)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2017/5322)

WORKING AT POWERLINK 2018 UNION COLLECTIVE AGREEMENT

Electrical power industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 17 NOVEMBER 2017

Application for approval of the Working at Powerlink 2018 Union Collective Agreement

[1] Queensland Electricity Transmission Corporation Limited T/A Powerlink Queensland and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia apply for approval of an enterprise agreement known as the Working at Powerlink 2018 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Australian, Municipal, Administrative, Clerical and Services Union (ASU) and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), 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 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by the Queensland Electricity Transmission Corporation Limited trading as Powerlink Queensland, seeking approval of the Working at Powerlink 2018 Union Collective Agreement. The matter was heard by the Full Bench of the Fair Work Commission, comprising of Dr L McMahon, R Mortimer, and M Sheehan. The dispute centered on whether the terms of the proposed agreement were fair and reasonable, particularly in the context of the company's operational requirements and the employees' rights.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was consistent with the principles of enterprise bargaining, and whether it provided for a fair and efficient process for resolving enterprise disputes. The Commission also needed to assess if the agreement adequately balanced the interests of both the employer and the employees, particularly in relation to provisions concerning work conditions, pay rates, and dispute resolution mechanisms.

In delivering the decision, the Full Bench found that the Working at Powerlink 2018 Union Collective Agreement was fair and reasonable, and thus met the statutory criteria for approval. The Commission considered the extensive negotiation process that had taken place between the parties, the detailed provisions of the agreement, and the feedback from the relevant stakeholders. The Commission was satisfied that the agreement provided for an efficient and effective process for resolving enterprise disputes and adequately balanced the interests of both the employer and the employees. As a result, the Commission approved the agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Working at Powerlink 2018 Union Collective Agreement be approved, subject to the specified conditions and modifications. These included ensuring that any changes to the agreement were made in accordance with the Fair Work Act 2009, and that the employer and employees had an opportunity to review and comment on any proposed changes. The Commission also ordered that the parties were to continue to negotiate in good faith to address any outstanding issues or concerns that may arise during the course of the agreement's operation.

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