DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transco Power Pty Ltd
(AG2020/3995)

TRANSCO POWER PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 22 JANUARY 2021

Application for approval of the Transco Power Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Transco Power Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transco Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2021. The nominal expiry date of the Agreement is 22 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Transco Power Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for its 2020 Single Enterprise Agreement. The dispute centred on the proposed changes to employee conditions, including alterations to pay rates, working hours, and leave entitlements. The applicants argued that the agreement was necessary for the business's operational efficiency and competitiveness, while the respondents contended that the changes would detrimentally affect employee welfare and job security.

The legal issues before the Commission involved whether the proposed changes complied with the Fair Work Act 2009, particularly regarding the provisions for fair and reasonable terms. The Commission had to determine if the agreement met the criteria for a single enterprise agreement, including whether it provided for a fair and reasonable basis for resolving the terms and conditions of employment. Additionally, the Commission considered the impact of the proposed changes on the employees' rights and protections under the Act.

The Commission carefully reviewed the evidence and submissions from both parties. It assessed the proposed changes against the statutory requirements and the broader context of industrial relations. The Commission concluded that the agreement, while not ideal for the employees, did not contravene the Act and provided a fair and reasonable basis for the employees' terms and conditions of employment. The Commission found that the proposed changes were necessary for the company's viability and did not unjustifiably disadvantage the employees.

The Commission approved the Transco Power Pty Ltd Single Enterprise Agreement 2020, effective from the date of the decision. This approval ensures that the changes to the employees' conditions will proceed as outlined in the agreement. The decision reflects the Commission's consideration of the balance between the needs of the business and the rights of the employees.

Transco Power Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established