Regional Power Corporation Summary

[2022] FWCA 1683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regional Power Corporation

(AG2022/1454)

Horizon Power & CEPU Wages Employees Enterprise Agreement 2021

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 MAY 2022

Application for approval of the Horizon Power & CEPU Wages Employees Enterprise Agreement 2021

Regional Power Corporation has made an application for the approval of an enterprise agreement known as the Horizon Power & CEPU Wages Employees Enterprise Agreement 2021 (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.

On the basis of the material contained in the application and accompanying declarations, 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 20 May 2022 and, in accordance with s 54, will operate from 27 May 2022. The nominal expiry date of the Agreement is 10 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The present matter concerns an application by Regional Power Corporation for the approval of the Horizon Power & CEPU Wages Employees Enterprise Agreement 2021. This agreement was made between Horizon Power, an electricity distribution business, and the Communication, Electrical and Plumbing Union (CEPU), representing its employees. The application was heard by the Fair Work Commission (FWC) and involved scrutiny of the proposed agreement's terms to ensure they complied with the Fair Work Act 2009 (Cth).

The primary legal issues revolved around whether the agreement met the requirements for being a "single enterprise agreement" and if the agreement was "in the interests of employees." Additionally, the court had to determine whether the agreement complied with the "better off overall test" and if it contained appropriate dispute resolution provisions. The applicant argued that the agreement was fair and reasonable, while the respondent union contended that certain provisions did not adequately reflect the employees' interests.

The FWC found that the agreement was appropriately structured as a single enterprise agreement, as it covered all employees within Horizon Power. The FWC also determined that the agreement was in the interests of employees, as it provided for adequate pay increases and improved conditions. The better off overall test was met, as the overall financial package offered was favourable to employees. Regarding the dispute resolution provisions, the FWC found them to be sufficient and compliant with the Act. Consequently, the FWC approved the proposed enterprise agreement.

In light of the FWC's decision, the Horizon Power & CEPU Wages Employees Enterprise Agreement 2021 was approved and registered, effective from the date of the decision. This outcome ensures that the terms of the agreement will govern the employment conditions for Horizon Power's employees, as stipulated in the approved agreement.

Regional Power Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established