DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Energy Pty Ltd
(AG2015/5813)

WEST COAST ENERGY PTY LTD ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2015

Application for approval of the West Coast Energy Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the West Coast Energy Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Coast Energy Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

West Coast Energy Pty Ltd applied to the Fair Work Commission for approval of the West Coast Energy Pty Ltd Enterprise Agreement 2015, which had been negotiated with the Electrical Trades Union of Australia. The union sought to have the agreement approved as a single-enterprise agreement covering all employees of the company, including those who were non-union members. The company opposed the application, arguing that the agreement should not be approved as a single-enterprise agreement because it did not meet the coverage requirements under the Fair Work Act.

The primary legal issue before the Commission was whether the agreement could be approved as a single-enterprise agreement, as it did not cover all employees of the company. The Fair Work Act requires that, for an agreement to be approved as a single-enterprise agreement, it must be an agreement between an employer and employees, and it must cover all employees of the employer in a single enterprise. The Commission considered whether the agreement met this requirement, given that some employees were not members of the union. The Commission also needed to determine if the agreement met the other criteria for approval, including whether it provided for a fair and efficient workplace and whether it was not contrary to public policy.

The Commission found that the agreement did not meet the coverage requirement for approval as a single-enterprise agreement because it did not cover all employees of the company. However, it also found that the agreement could be approved as a multi-enterprise agreement. The Commission noted that the agreement provided for a fair and efficient workplace and was not contrary to public policy. The Commission was satisfied that the agreement provided for appropriate mechanisms to ensure that non-union members received the same benefits as union members, and that the agreement would not have an adverse effect on the bargaining position of non-union members. Accordingly, the Commission approved the agreement as a multi-enterprise agreement.

The Commission ordered that the West Coast Energy Pty Ltd Enterprise Agreement 2015 be approved as a multi-enterprise agreement, effective from the date of the decision. The agreement was to apply to all employees of the company who were members of the union, and to all other employees of the company who were not members of the union, but who were covered by the agreement through the application of section 233 of the Fair Work Act. The agreement was to remain in force until 31 December 2018, unless terminated earlier in accordance with its provisions.

West Coast Energy 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