1
Fair Work Act 2009
s.185—Enterprise agreement
Electricity Networks Corporation T/A Western Power
(AG2013/2226)
WESTERN POWER AND AUSTRALIAN SERVICES UNION
ENTERPRISE AGREEMENT 2013
Electrical power industry
COMMISSIONER WILLIAMS PERTH, 21 AUGUST 2013
Application for approval of the Western Power and Australian Services Union Enterprise
Agreement 2013.
[1] An application has been made for approval of an enterprise agreement known as the
Western Power and Australian Services Union Enterprise Agreement 2013 (the Agreement).
The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been
made by Electricity Networks Corporation T/A Western Power (the applicant). The
Agreement is 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 Municipal, Administrative, Clerical and Services Union, 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) of the Act I note that the
Agreement covers the organisation.
[4] The applicant in this matter has requested that Schedule 4 − Classification and
Remuneration Framework of the Agreement not be published along with the rest of the
Agreement on the Commission’s website.
[5] The reason the applicant requests this is that the material contained within Schedule 4
− Classification and Remuneration Framework they say is commercially sensitive. The
applicant explains that as a state government authority the applicant competes with
contractors and other employers in the resources sector when it comes to attracting and
retaining quality staff and it would be commercially detrimental to their interests if the
information contained in Schedule 4 − Classification and Remuneration Framework was
made public.
[2013] FWCA 5556
DECISION
E AUSTRALIA FairWork Commission
[2013] FWCA 5556
2
[6] In response to this request I invited the applicant to make any submissions regarding
the requirements on the Commission in s.601(4)(b) of the Act to publish an enterprise
agreement that has been approved by the Commission.
[7] I have considered the applicant’s submissions on this point however I remain of the
view that the requirements in s.601, that the Commission publish on its website, or by any
other means considered appropriate, an enterprise agreement that has been approved by the
Commission, requires me to publish the Agreement in full which in this case requires that
Schedule 4 − Classification and Remuneration Framework of the Agreement also be
published. This view is consistent with other decisions of the Commission on this point1.
[8] Accordingly it is my decision that the Agreement in full will be published on the
Commission’s website.
[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
28 August 2013. The nominal expiry date of the Agreement is 21 August 2017.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code G, AE402991 PR540029
1 See [2010] FWAA 8632 and [2011] FWAA 21.
