DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Networks Pty Ltd T/A TasNetworks
(AG2020/1318)

TASNETWORKS ENTERPRISE AGREEMENT 2020 - 2024

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 11 JUNE 2020

Application for approval of the TasNetworks Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the TasNetworks Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Networks Pty Ltd T/A TasNetworks. 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 Applicant sought to make a number of minor corrections to the Agreement. I am satisfied that the corrections are minor grammatical changes that should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Australian Municipal, Administrative, Clerical and Services Union; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Professionals Australia being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 33.6 – Will Redundancy Employees be transferred to alternative positions?

However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2020. The nominal expiry date of the Agreement is 10 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Tasmanian Networks Pty Ltd trading as TasNetworks, an application was made to the Fair Work Commission to approve an enterprise agreement for the period 2020 to 2024. The dispute centred on whether the terms of the proposed agreement met the necessary legislative requirements under the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment for the employees of TasNetworks.

The primary legal issues before the Commission were whether the enterprise agreement complied with the mandatory requirements of the Fair Work Act, including the need for the agreement to specify terms and conditions of employment that were fair and reasonable, and whether the process by which the agreement was negotiated was procedurally fair and valid. Additionally, the Commission had to consider whether the proposed agreement met the statutory requirements for "no disadvantage" against employees not covered by the agreement.

The Fair Work Commission found that the TasNetworks Enterprise Agreement 2020-2024 was compliant with the Fair Work Act. The Commission was satisfied that the terms and conditions of employment were fair and reasonable, and that the negotiation process was procedurally sound. The Commission also determined that the agreement did not result in any employee being disadvantaged compared to those not covered by the agreement. Consequently, the Commission approved the enterprise agreement, finding it met all necessary legal standards.

The Fair Work Commission's final orders were that the TasNetworks Enterprise Agreement 2020-2024 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees for the specified period.

Tasmanian Networks Pty Ltd T/A TasNetworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established