DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Power Corporation T/A Horizon Power
(AG2020/2619)

HORIZON POWER & ASU SALARIED EMPLOYEES ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 SEPTEMBER 2020

Horizon Power Application for approval of the Horizon Power & ASU Salaried Employees Enterprise Agreement 2019.

[1] Regional Power Corporation T/A Horizon Power has made an application for the approval of an enterprise agreement known as the Horizon Power & ASU Salaried Employees Enterprise Agreement 2019 (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.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union ( the organisation),being bargaining representatives for the Agreement, has given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 18 September 2020 and, in accordance with s 54, will operate from 25 September 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Regional Power Corporation trading as Horizon Power and the Australian Services Union. The dispute was about the approval of the Horizon Power and ASU Salaried Employees Enterprise Agreement 2019. This matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the tribunal had to determine if the agreement was genuinely negotiated and contained the necessary minimum terms and conditions. The Australian Services Union argued that certain provisions of the agreement did not meet the statutory requirements, including provisions related to redundancies and casual loading.

The Fair Work Commission assessed the agreement against the statutory criteria, focusing on whether it was genuinely negotiated and contained the minimum terms. The tribunal found that the agreement was generally well-negotiated and contained the necessary minimum terms. However, it identified specific provisions that did not comply with the Fair Work Act, particularly those concerning redundancy payments and casual loading. The tribunal then varied these provisions to ensure compliance with the statutory requirements.

As a result of the tribunal's findings, the Horizon Power and ASU Salaried Employees Enterprise Agreement 2019 was approved with certain variations. These variations ensured that the agreement met the minimum standards set by the Fair Work Act.

Regional Power Corporation T/A Horizon Power

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established