DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regional Power Corporation T/A Horizon Power Corporation
(AG2014/10745)

HORIZON POWER / CEPU UNION WAGES EMPLOYEES ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 19 JANUARY 2015

Application for approval of the Horizon Power / CEPU Union Wages Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Horizon Power / CEPU Union Wages Employees Enterprise Agreement 2014 (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 Corporation. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Regional Power Corporation T/A Horizon Power Corporation. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 26 January 2015. The nominal expiry date of the Agreement is 22 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Regional Power Corporation, trading as Horizon Power Corporation, applied to the Fair Work Commission for approval of the Horizon Power/CEPU Union Wages Employees Enterprise Agreement 2014. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMU). The dispute centred around whether the proposed enterprise agreement met the legal standards and requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and whether it complied with the Fair Work Act.

The court considered several legal issues, including whether the agreement adequately protected employees' wages and conditions, whether it provided a fair process for resolving disputes, and whether it complied with the minimum standards set out in the Fair Work Act. The Commission also examined whether the agreement was consistent with the principles of the Australian labour market and whether it would have a detrimental effect on the broader economy. A significant issue was whether the proposed changes to the enterprise agreement would result in employees being worse off overall.

After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the Horizon Power/CEPU Union Wages Employees Enterprise Agreement 2014 was in the public interest and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wage increases and protections for employees. The Commission also found that the agreement provided an effective dispute resolution process and was consistent with the principles of the Australian labour market. The Commission concluded that the proposed changes would not result in employees being worse off overall.

The Fair Work Commission approved the Horizon Power/CEPU Union Wages Employees Enterprise Agreement 2014. The decision was made on the basis that the agreement met the legal standards and requirements for approval under the Fair Work Act and was in the public interest. The Commission's approval of the agreement allows Horizon Power Corporation and the CFMU to implement the new terms and conditions of employment for their employees.

Regional Power Corporation T/A Horizon Power Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established