Utilities Management Pty Ltd T/A SA Power Networks

[2014] FWCA 3310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Utilities Management Pty Ltd T/A SA Power Networks
(AG2014/5849)

UTILITIES MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 19 MAY 2014

[1]An application for approval of an enterprise agreement known as the Utilities Management Pty Ltd Enterprise Agreement 2014 (the Agreement) has been made by Utilities Management Pty Ltd T/A SA Power Networks (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] 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.

[3] The Australian Manufacturing Workers’ Union (the AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), the Association of Professional Engineers, Scientists and Managers Australia (Professionals Australia), the Australian Municipal, Administrative, Clerical and Services Union (the ASU), the Construction, Forestry, Mining and Energy Union (the CFMEU) and the Australian Workers’ Union (the AWU), being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the AMWU, the CEPU, Professionals Australia, the ASU, the CFMEU and the AWU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 26 May 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made to the Fair Work Commission, which is tasked with the responsibility of approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement, which was sought to be implemented by the employer, complied with the statutory requirements of the Act and whether it met the standards of procedural fairness. The Commission was required to assess the agreement in light of these considerations, particularly in relation to the bargaining process and the contents of the agreement itself.

The legal issues before the Commission included whether the agreement was genuinely bargained for, whether the process by which the agreement was reached complied with the Act, and whether the agreement provided for terms and conditions that were fair and reasonable. The employer argued that the agreement was the product of genuine negotiations and that it contained terms that were fair and reasonable. The Commission had to evaluate the evidence presented regarding the bargaining process and scrutinise the contents of the agreement to determine its compliance with the statutory requirements.

In its decision, the Commission found that the agreement had been genuinely bargained for and that the process by which it was reached was procedurally fair. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the employer's business and the bargaining power of the parties. The Commission approved the agreement, noting that it met the standards set by the Act and was in the best interests of the employees involved. The employer's application for approval of the Utilities Management Pty Ltd Enterprise Agreement 2014 was thus successful.

The Commission's final orders included the approval of the Utilities Management Pty Ltd Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the employees covered by the agreement until such time as it was varied or terminated in accordance with the Act. This decision provided clarity for both the employer and the employees regarding the terms and conditions of their employment, ensuring that the agreement was both legally compliant and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established