DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Power Corporation T/A Horizon Power
(AG2018/5742)

HORIZON POWER & CEPU WAGES EMPLOYEES ENTERPRISE AGREEMENT 2018

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Horizon Power & CEPU Wages Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Horizon Power & CEPU Wages Employees Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 10 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Regional Power Corporation T/A Horizon Power, the Fair Work Commission was tasked with approving the Horizon Power & CEPU Wages Employees Enterprise Agreement 2018. The application for approval was brought by the employer, Regional Power Corporation, trading as Horizon Power, and opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU). The dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning procedural fairness and the proper negotiation of the agreement.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated between the parties and if the process followed was fair. The CFMMU argued that the agreement had not been genuinely negotiated due to alleged procedural flaws and that the employer had not made a genuine effort to negotiate. The Commission also had to consider if the agreement met the requirements of the Fair Work Act, particularly in terms of procedural fairness and the proper negotiation of the agreement.

In its reasoning, the Commission found that while there were procedural issues, they did not undermine the genuineness of the negotiation process. The Commission acknowledged the employer's efforts to negotiate in good faith and determined that the agreement was genuinely negotiated. The Commission was satisfied that the agreement met the statutory requirements of the Fair Work Act and approved it accordingly. The Commission's decision was based on the overall fairness of the process and the content of the agreement, which it found to be fair and reasonable.

The Commission made a final order approving the Horizon Power & CEPU Wages Employees Enterprise Agreement 2018. The decision highlighted the importance of procedural fairness and genuine negotiation in the formation of enterprise agreements, reinforcing the obligations of both employers and unions under 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