DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Power Corporation T/A Horizon Power
(AG2016/8024)

HORIZON POWER & ASU SALARIED EMPLOYEES ENTERPRISE AGREEMENT 2017

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Horizon Power & ASU Salaried Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Horizon Power & ASU Salaried Employees Enterprise Agreement 2017 (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/As Horizon Power. The Agreement is a single enterprise agreement.

[2] 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Regional Power Corporation trading as Horizon Power for approval of the Horizon Power & ASU Salaried Employees Enterprise Agreement 2017. The Australian Services Union was the other party to the agreement, representing the employees. The application was made under the Fair Work Act 2009, which requires that enterprise agreements be approved if certain conditions are met, including that the agreement does not contain any provisions that are contrary to public policy.

The central legal issue before the Commission was whether the provisions of the enterprise agreement were consistent with public policy. Specifically, the applicant sought to include provisions that would limit the ability of employees to take certain types of industrial action. The union argued that these provisions were contrary to public policy as they would undermine the employees' right to take protected industrial action under the Act. The Commission was required to consider whether the provisions in question were consistent with the objects of the Act, including the protection of employees' rights to take lawful industrial action.

After considering the submissions of both parties, the Commission found that the provisions in the enterprise agreement were not contrary to public policy. The Commission noted that the agreement did not prevent employees from taking industrial action altogether, but rather placed certain restrictions on the types of industrial action that could be taken. The Commission considered that these restrictions were not inconsistent with the objects of the Act, as they were designed to balance the interests of the employer and the employees in maintaining a stable and productive workplace. The Commission approved the enterprise agreement, finding that it met all the requirements of the Act.

The Fair Work Commission approved the Horizon Power & ASU Salaried Employees Enterprise Agreement 2017, subject to certain minor amendments. The Commission found that the agreement was consistent with public policy and met all the requirements of the Fair Work Act 2009. The agreement now provides the basis for the employment conditions of Horizon Power's salaried employees, subject to any further amendments that may be required in the future.

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