Regional Power Corporation Trading AS Horizon Power

[2025] FWCA 2019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regional Power Corporation Trading AS Horizon Power

(AG2025/1821)

HORIZON POWER & ASU SALARIED ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER SCHNEIDER	PERTH, 18 JUNE 2025

Application for approval of the Horizon Power & ASU Salaried Enterprise Agreement 2025

Regional Power Corporation Trading AS Horizon Power (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Horizon Power & ASU Salaried Enterprise Agreement 2025 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 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 Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 June 2025. The nominal expiry date of the Agreement is 31 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Regional Power Corporation Trading AS Horizon Power, the Fair Work Commission was called upon to consider an application for approval of an enterprise agreement. The application was brought by Regional Power Corporation, a significant electricity retailer and distributor in Western Australia, in relation to the Horizon Power & ASU Salaried Enterprise Agreement 2025. The agreement sought to set out the terms and conditions of employment for the salaried staff of Horizon Power, and was a matter of dispute between the applicant and the Australian Services Union (ASU), the union representing the employees. The crux of the disagreement lay in the negotiation and terms of the proposed agreement, and whether it complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the procedural requirements for approval under the Fair Work Act, including whether it had been made in good faith, and whether it contained the necessary provisions for the protection of employees' rights and interests. Additionally, the Commission had to determine if the agreement was consistent with the principles of the national workplace relations system and did not adversely affect employees' terms and conditions of employment. The applicant argued that the agreement was fair and reasonable, while the union contended that it did not adequately protect the employees' interests and failed to meet the legislative standards.

After thorough examination of the submissions and evidence presented by both parties, the Commission found that the proposed agreement was made in good faith and did not contain any provisions that would be contrary to the public interest. The Commission determined that the agreement was consistent with the principles of the national workplace relations system and did not adversely affect the employees' terms and conditions of employment. The Commission was satisfied that the agreement provided adequate protections for employees and met the requirements of the Fair Work Act. Consequently, the application for approval of the Horizon Power & ASU Salaried Enterprise Agreement 2025 was granted. The Commission issued a certificate of approval for the agreement, which will now be binding on the parties involved, including Horizon Power and the ASU, as well as the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established