Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy [2016] FWC 1826

Result

defendant. The application was dismissed. Essential Energy was acting in conformity with clause 3.6(a) of the enterprise agreement when it made 29 Vegetation Officers redeployees in August 2015.

Key principles

• The Fair Work Commission held that Essential Energy was entitled to deem all 29 Vegetation Officer positions as 'no longer required' under clause 3.6(a) of the Essential Energy...
• The Commission rejected the union's contention that clause 3.6(a) required Essential Energy to identify specific positions (e.g., by unique position numbers) as no longer...
• The Commission held that where an employer reduces the number of similar positions in a part of an organisation, a 'spill and fill' process is a well-recognised and appropriate...
• The Commission determined that the employer had discretion under the enterprise agreement as to how to identify positions as no longer required, and that deeming all existing...

Issues before the court

• Whether clause 3.6(a) of the Essential Energy Enterprise Agreement 2011 requires an employer to identify specific positions by position number as...