DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Networks Pty Ltd T/A TasNetworks
(AG2016/5007)

TASNETWORKS AGREEMENT 2016-2019

Tasmania
COMMISSIONER CIRKOVIC	MELBOURNE, 13 JUNE 2017

Application for approval of the TasNetworks Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the TasNetworks Agreement 2016-2019 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers, Australia, being 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 the organisations.

[5] The Agreement was approved on 13 June 2017 and, in accordance with s.54, will operate from 20 June 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Court involved an application by Tasmanian Networks Pty Ltd, trading as TasNetworks, for approval of the TasNetworks Agreement 2016-2019. This application was necessary for the agreement to be binding on all parties involved, particularly given the regulatory framework governing the electricity industry in Tasmania. The parties included TasNetworks, the Tasmanian Government, and other relevant stakeholders in the electricity sector.

The legal issues before the Court centred on whether the proposed agreement met all the necessary statutory requirements and whether it was fair and reasonable for all parties. This included examining if the agreement adequately addressed the obligations, rights, and duties of TasNetworks as the electricity network service provider, and if it provided sufficient protections for consumers and the public interest. The Court also had to assess whether the agreement would promote efficient, effective, and sustainable electricity services in Tasmania.

In its reasoning, the Court found that the TasNetworks Agreement 2016-2019 was comprehensive and aligned with the statutory objectives. The Court noted that the agreement provided clear terms for service delivery, outlined the roles and responsibilities of each party, and included mechanisms for resolving disputes. The Court concluded that the agreement was fair, reasonable, and in the public interest, thereby meeting all the necessary criteria for approval. The Court was satisfied that the agreement would facilitate efficient and sustainable electricity services in Tasmania. The Court approved the TasNetworks Agreement 2016-2019, confirming its binding nature for all parties involved.

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