SPI Electricity Pty Ltd; SPI PowerNet Pty Ltd

[2013] FWCA 8054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

SPI Electricity Pty Ltd; SPI PowerNet Pty Ltd
(AG2013/9443)

SPI POWERNET & SPI ELECTRICITY-ASU/APESMA ENTERPRISE AGREEMENT 2013

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 14 OCTOBER 2013

Application for approval of the SPI PowerNet & SPI Electricity – ASU/APESMA Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of Agreement known as the SPI PowerNet & SPI Electricity – ASU/APESMA Enterprise Agreement 2013 (the Agreement). The application has been made by SPI PowerNet Pty Ltd and SPI Electricity Pty Ltd (the Company). The Agreement is a single Enterprise Agreement.

[2] The application for approval of the Agreement was filed on 18 September 2013, by Ms Maryann Butler, Manager Workplace Relations for the Company.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) filed F18 Declaration of Employee Organisation in relation to the application for approval of an Enterprise Agreement. The ASU and APESMA are therefore covered by the Agreement.

[4] The Agreement was listed for e-hearing, in chambers before me at 10:30am on Monday, 14 October 2013.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 1 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SPI Electricity Pty Ltd and SPI PowerNet Pty Ltd applied to the Fair Work Commission for approval of the SPI PowerNet & SPI Electricity – ASU/APESMA Enterprise Agreement 2013. The Australian Services Union and the Australian Public Service and Emergency Services Management Association were the unions involved in negotiating the agreement. The Fair Work Commission considered whether the agreement met the requirements of the Fair Work Act 2009.

The court had to decide if the agreement was a "single interest" enterprise agreement and if it complied with the provisions of the Fair Work Act 2009. The court also considered whether the agreement provided for appropriate mechanisms for resolving disputes and whether it included appropriate provisions for employee protection.

The court found that the agreement was a "single interest" enterprise agreement as it covered employees of both SPI Electricity Pty Ltd and SPI PowerNet Pty Ltd. The court also found that the agreement complied with the Fair Work Act 2009 and included appropriate mechanisms for resolving disputes and employee protection provisions. The court approved the agreement on the basis that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the SPI PowerNet & SPI Electricity – ASU/APESMA Enterprise Agreement 2013. The court found that the agreement was a "single interest" enterprise agreement and complied with the Fair Work Act 2009. The agreement included appropriate mechanisms for resolving disputes and employee protection provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established