Regional Power Corporation T/A Horizon Power

[2024] FWCA 2196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Regional Power Corporation T/A Horizon Power

(AG2024/1925)

HORIZON POWER & ETU WAGES ENTERPRISE AGREEMENT 2024

Electrical power industry
COMMISSIONER DURHAM	BRISBANE, 13 JUNE 2024

Application for approval of the Horizon Power & ETU Wages Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Horizon Power & ETU Wages Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regional Power Corporation T/A Horizon Power (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Division, Western Australia Branch (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Regional Power Corporation, trading as Horizon Power, and the Electrical Trades Union. The dispute pertained to the proposed Horizon Power & ETU Wages Enterprise Agreement 2024. The Corporation sought approval for the agreement, which aimed to regulate the wages and conditions of employment for its workforce. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act. This included examining if the agreement was negotiated in good faith, if it covered the appropriate bargaining unit, and if it contained the necessary minimum terms and conditions. Additionally, the Commission had to consider if the agreement was free from any improper conduct or coercion.

The Fair Work Commission assessed the evidence provided by both parties, focusing on the negotiation process and the content of the agreement. It determined that the agreement was genuinely negotiated in good faith and covered the appropriate bargaining unit. The Commission found that the agreement contained the requisite minimum terms and conditions and did not involve any improper conduct or coercion. Consequently, the Commission approved the Horizon Power & ETU Wages Enterprise Agreement 2024.

The final order of the Fair Work Commission was that the Horizon Power & ETU Wages Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act. This decision effectively formalised the terms and conditions of employment for the workers covered by the agreement, providing certainty and stability in the industrial relationship between Horizon Power and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established