Regional Power Corporation T/A Horizon Power

[2022] FWCA 4508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regional Power Corporation T/A Horizon Power

(AG2022/5235)

Horizon Power & ASU Salaried Employees Enterprise Agreement 2022

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 DECEMBER 2022

Application for approval of the Horizon Power & ASU Salaried Employees Enterprise Agreement 2022

Regional Power Corporation T/A Horizon Power (the Applicant) has made an application for the approval of an enterprise agreement known as the Horizon Power & ASU Salaried Employees Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Clause 25.4(a) of the Agreement states that in the event of redundancy, an employee is not entitled to redundancy pay, termination pay, notice of termination or payment in lieu of notice where an adequate alternative role has been obtained or offered in prescribed circumstances. Although it appears that this clause, in part, is contrary to ss 117, 119 and 120 of the Act, I am satisfied that the issue is resolved by the inclusion of clause 4.4 of the Agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 20 December 2022 and, in accordance with s 54, will operate from 27 December 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Regional Power Corporation, trading as Horizon Power, and the Australian Services Union (ASU). The nature of the dispute concerns the application for approval of the Horizon Power & ASU Salaried Employees Enterprise Agreement 2022, which was submitted to the Fair Work Commission for endorsement. The legal issues at hand primarily revolved around whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for good faith bargaining and fairness. Additionally, the court needed to determine if the agreement adequately covered essential matters such as wages, conditions, and other employment terms.

The Fair Work Commission, in evaluating the application, examined the contents of the enterprise agreement against the legislative framework provided by the Fair Work Act. The court considered the principles of good faith bargaining, which require that both parties engage in negotiations in a manner that is honest, open, and free from coercion. The court also assessed whether the agreement included minimum terms as prescribed by the Fair Work Act, ensuring that it provided adequate protections and entitlements for employees. Furthermore, the Commission evaluated the fairness of the terms, scrutinising if the agreement was likely to provide a satisfactory outcome for both employers and employees.

Upon reviewing the evidence and submissions, the Fair Work Commission determined that the Horizon Power & ASU Salaried Employees Enterprise Agreement 2022 met the statutory requirements for approval. The Commission found that the agreement was the product of genuine good faith bargaining and contained terms that were fair and reasonable. The agreement was deemed to adequately cover essential employment terms and provided appropriate protections for employees. Consequently, the Commission approved the application, endorsing the enterprise agreement for operation.

The final orders of the Fair Work Commission include the approval and endorsement of the Horizon Power & ASU Salaried Employees Enterprise Agreement 2022, which will now govern the employment conditions for salaried employees of Horizon Power. This decision concludes the application process and ensures that the agreement is legally binding and enforceable between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established