Fair Work Act 2009

s.739 - Application to deal with a dispute

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Endeavour Energy Network Management Pty Ltd Trading AS Endeavour Energy

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) has made an application pursuant to s.739 of the Fair Work Act 2009 (Cth)(FW Act) seeking that the Fair Work Commission (Commission) deal with a dispute in accordance with the dispute settlement procedure of the Endeavour Energy Enterprise Agreement 2021 (Agreement). The Respondent to the dispute is Endeavour Energy Network Management Pty Ltd (Respondent).

[2] The dispute relates to a proposal by the Respondent to have employees who are not licensed electricians perform the installation and commissioning of community batteries.

[3] The Respondent proposes to install lithium-ion community batteries throughout its network as a part of an initiative to reduce carbon emissions and transition to renewable energy. The batteries will allow for the storage of surplus power created by rooftop solar, which can then be used during periods of higher demand. Consumers who wish to participate in the scheme will be able to rent a portion of a community battery. The Respondent submits this will assist households to save on energy costs while providing more people with access to solar power.

[4] Summarised at a high level, the Applicant's position is that the installation and commissioning of community batteries can only be done safely by licensed electricians. The Respondent does not agree and asserts that the unlicensed employees it wishes to undertake the work already have the skills to do the work and have received appropriate training.

[5] The parties are also in dispute as to whether the proposal amounts to a change that 'Materially Impacts' employees, as defined in the Agreement, and if so, whether the Respondent is required to provide certain information to the Applicant to meet its consultation obligations under the Agreement. The Applicant contends that Respondent is required to consult and provide to employees and their representatives information about the training proposed and how employees will be assessed as competent to perform the work. The Respondent does not consider that the proposal amounts to a change that 'Materially Impacts' employees but says it has nevertheless provided the information.

1. The dispute resolution procedure in the Agreement

[6] The dispute resolution procedure in clause 35 of the Agreement broadly states at clause 35.1.1:

'The dispute resolution procedure will be used to deal with all disputes arising out of the employer-employee relationship.'

[7] The dispute resolution procedure includes graduated tiers. Clause 35.2.1 provides:

'35.2.1 Tier 1 disputes will be resolved at the local level as far as practicable and in a timely manner, with the involvement of the following:

a) the employee(s) concerned;

b) the employee's chosen support person (who may be a union representative or other individual)(if requested by the employee(s)); and

c) the supervisor, and manager (if required)'.

• [8] The Applicant sent an email to the Respondent raising concerns that employees were being pressured to install and energise community batteries and that the Respondent had not complied with its consultation obligations in the Agreement.[1] Further correspondence between the parties was exchanged and the dispute did not resolve at the Tier 1 level.

[9] Clause 35.3.1 of the Agreement provides that if the dispute is not resolved at Tier 1 level or is a corporate wide issue, it may be referred to Tier 2 level with involvement of the employee(s) concerned, the employee's chosen support person or union organiser (or other person designated by the union organiser) and relevant senior manager(s), affected local manager(s) and the manager with responsibility for industrial relations (or other persons designated by that manager). The Applicant escalated the dispute to Tier 2 and the parties met between August 2024 and November 2024, but the dispute did not resolve.

[10] Clause 35.4.1 of the Agreement, dealing with Tier 3 Disputes, provides that if the issue or dispute remains unresolved, it may be referred to the Commission for conciliation and/or arbitration. The dispute has now reached Tier 3, and it is not in dispute that the Commission has the jurisdiction to deal with the dispute.

[11] The dispute was not resolved via Commission facilitated mediation and the matter proceeded to arbitration in accordance with clause 34.4.1 of the Agreement. A hearing was held for this purpose.

[12] Both parties sought to be represented by lawyers. The matter involves complex considerations regarding work health and safety, skills and competencies and the broader regulatory environment concerning electrical work. As such, permission for both parties to be represented by a lawyer was granted pursuant to s.596(2)(a) of the FW Act on the basis that it would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter.

[13] The following people gave evidence in support of the Applicant's case:

• • Tara Koot (Ms Koot), who has been a licensed electrician since March 2013, worked as an electrician at Ausgrid, is an Organiser and Official of the Applicant and has been organising and representing members employed by the Respondent since 2023.[2]
• • Peter Johnson (Mr Johnson), who is employed by the Respondent as a Live Lineworker[3] and is also a qualified cable jointer.[4]

[14] The following people gave evidence in support of the Respondent's case:

• Jamie Messer (Mr Messer) the Respondent's Manager, Special Projects;

• • Kieran Shanahan (Mr Shanahan) who is employed by the Respondent as an Engineering Delivery Manager and who has worked across a variety of roles for the Respondent and its predecessors since 1990, involving aspects of engineering, metering, safety, line management and project management;[5]
• • Matt Thornton (Mr Thornton) who is employed by the Respondent as Technical Training Manager of Apprenticeships and Educational Technology and who has also worked as an Electrical Fitter Mechanic/Overhead Line Worker for the Respondent and as a licensed electrician in the private sector.[6]

• Within all distributors there are strict delineations of responsibility between licensed electricians and those without an electrical license and this is intended to maintain worker safety, ensure the integrity of the network and protect the public.
• The installation of community batteries can only be done safely by licensed electricians and requiring unlicensed employees to install them is a breach of s.19 of the Work Health and Safety Act 2011 (Cth)(WHS Act) and clause 30.1 of the Agreement which provides:

30.1.1 The parties recognise that both Endeavour Energy and its employees have obligations under the Health and Safety Act 2011 (NSW) to ensure the workplaces safe.

30.1.2 Endeavour Energy's primary concern is the health and safety of its employees, contractors, visitors, customers and the general public. The parties to this Agreement agree to share an ongoing commitment to promote the health, safety and welfare of all employees, contractors, customers, visitors and a general public and nothing in this Agreement shall be designed are applied in ways that reduce or diminish this objective.'

• Permitting workers other than licensed electricians to install and commission community batteries would undermine and diminish the Respondent's primary objective (as set out in clause 30) because they have not been assessed as competent in:

1. the relevant standard, AS/NZS3000 Electrical Installations (AS3000);
2. the unit of competency 'UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification)'; and

• c. the unit of competency 'UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations (capstone)'.[7]

• The proposal is a change that 'Materially Impacts' employees because it:

1. has the potential to lead to the devaluation of the employees with an electrical license; and
2. significantly increases the scope of work of employees who are not licensed electricians; and
3. requires them to upskill.

• • In order to comply with the Agreement's consultation obligations, the Respondent is required to provide information about the training proposed and how employees will be assessed as competent to perform the work.[8]

[16] The Applicant also referred to clause 7.1 of the Agreement which provides:

7.1.1 The duties of Endeavour Energy, consistent with the Agreement and other relevant legislation, include the following:

a) to provide work;

b) to pay for the work performed; and

c) to provide a safe working environment'.

• clause 7.1.1 of the Agreement provides it is the duty of the Respondent 'to provide work';

• • the proposed direction to non-electricians to install batteries is an application of the Agreement;[9]

• having unlicensed workers install, commission, energise and test batteries presents a risk of injury to the workers and others.

7.3.1 Endeavour Energy may direct an employee to carry out such duties as are within the employee's skill, competence and training consistent with the classification structure of this Agreement provided that such duties are not designed to promote deskilling.

7.3.2 Endeavour Energy may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.'

• [19] The Applicant submitted that the direction that non electricians install and commission community batteries is a purported application of the Agreement by the Respondent because the Respondent claims that the duty [to install and commission community batteries] is within the relevant employees' skill, competence and training.[10] However the Applicant contends that the unlicensed workers do not have the skill, competence and training to install and commission community batteries.

• [20] In this regard Mr Johnson gave evidence that when the first batteries started getting installed in late 2023 to early 2024, line workers and cable jointer crews started raising concerns with him and other delegates about being required to install the batteries.[11] Mr Johnson said the concerns raised included that crews:

• had no formal training to engage in the battery installation;
• had no manuals regarding the installation;
• did not have commissioning training to complete the commissioning of the batteries;

• • did not have suitable PPE and test equipment.[12]

1. an order restraining the Respondent from requiring any employee who is not a licensed electrician to install batteries;

1. in the alternative, an order requiring the Respondent to provide the following information for the purpose of consultation:

1. the training proposed for employees who will be required to install the batteries; and

• b. how those employees will be assessed as being competent to perform the tasks.[13]

[22] The dispute involves highly technical considerations and during the hearing it became apparent that the precise matters about which the parties were in dispute were unclear. The matter was adjourned to enable the parties to continue their discussions and, if necessary, file further materials. Following that process, the parties identified the specific aspects of the work about which they remained in dispute, and the Applicant sought a further alternative order that:

1. testing and commissioning only be conducted by employees eligible to be licensed electricians and who have completed the following units of competency:

• UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification)
• UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations (capstone).

• • the Applicant has not provided justification as to why it would be unsafe for unlicensed electricians to do the work; [14]
• • the Applicant has not properly articulated what serious hazards it says arise if non-electricians install and commission batteries as compared to if the work was performed by licensed electricians;[15]
• • it has at all times complied with its duties under the WHS Act;[16]
• • it does not consider that formal training is required as workers in the field crews already have the necessary skills to install community batteries;[17]

• the consultation obligations in the Agreement are not enlivened;

• • even if community battery installation is determined to be a change that will 'Materially Impact' employees and enlivens consultation obligations, it has already engaged in extensive consultation and awareness campaigns with workers and their representatives about the installation and commissioning of community batteries;[18]
• • it has provided the Applicant with all relevant awareness material and information regarding how the Respondent will assess employees as being competent to perform the tasks.[19]

[24] As the dispute had originally centred around cable jointers and line workers, the Respondent also submitted that installation of community batteries:

• • falls within the current skills and competencies of any line worker or cable jointer;[20]
• • is considered a core competency of the Respondent's line worker and cable jointer roles.[21]

• [25] The Respondent submitted that if an order is made that it must only use licensed electricians it would result in significant delays and inefficiencies across the network.[22]

[26] In this regard, Mr Messer gave evidence that:

• in regional areas licensed electricians are utilised as first responders to customer complaints and may need to check elements that are on the customer's side of an electrical installation as part of a complaint investigation;
• the distribution and location of licensed electricians across the network is not uniform;
• the area with the highest quantity of battery installations also has the lowest number of licensed electricians;
• there would be excess travel for licensed electricians if they were required to undertake community battery installation;
• these factors would lead to delays in rolling out community batteries;

• • installation of community batteries is not as critical as a network outage and using a limited resource such as a licensed electrician for this work could put delivery at risk;[23]
• • if the Respondent was required to utilise only licensed electricians to undertake the installation of community batteries, this would result in inefficiencies across the network and increased cost for the consumer.[24]

[27] Ms Koot did not agree that there would be delays and gave evidence that:

• there are a large number of electricians working for the Respondent;
• there are licensed electricians at every depot;
• in addition, there are over 40 licenced District Operators and 10 licensed Emergency Service Officers;
• as far as she is aware, the Respondent has trained up approximately 100 apprentices who became licensed electricians since at least 2000;

• • community batteries are currently only being installed by licensed electricians pursuant to the Agreement's status quo provisions and she was not aware of any resulting delays.[25]

[28] Having considered the competing positions of the parties, the matters that need to be determined to resolve the dispute include:

• whether the installation of community batteries can only be done safely by licensed electricians (the Licence Question);
• whether testing and commissioning can only be done safely by employees eligible to be licensed electricians and who have completed the following units of competency:
• UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification)
• UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations (capstone) (Commissioning Question);
• whether the requirement to install community batteries is a change that enlivens consultation obligations under the Agreement (the Consultation Question); and, if so
• whether the Respondent needs to provide the information sought by the Applicant in order to comply with its consultation obligations, specifically, information regarding:
• the training proposed for employees who will be required to install the community batteries; and
• how employees will be assessed as being competent to perform the tasks associated with installing community batteries (the Information Question);
• whether the Commission should make any of the orders sought by the Applicant.

1. What unlicensed workers does the Respondent want to install community batteries?

[29] Mr Messer gave evidence that the field crews that have been undertaking community battery installation are comprised of:

• • Electrical Fitter Mechanics (EFMs).[26]

[30] Mr Thornton gave evidence that the field crew working on community batteries is also made up of:

• [31] Line workers and cable jointers make up a large part the Respondent's field staff[28] and are not licensed electricians. There is contention as to whether these workers should be able to install community batteries.

[32] Whether EFMs who do not hold an electrical licence should be able to undertake testing and commissioning of the batteries is also a key matter in contention.

1. What work is involved in community battery installation?

• leads the development and review of policies, procedures, strategies, design standards and specifications relating to all network assets; and
• has a focus on ensuring the Respondent's electrical network:
• is designed, constructed and procured at an optimal whole if life cost; and

• o can be operated in a safe and reliable manner without compromising the network's performance and operational capability.[29]

• late in 2022 subject matter expert battery engineers consulted with engineers in both his team and the design team to develop a battery system design to allow batteries to be added onto the Respondent's network safely and reliably;
• this included consultation with field representatives and project managers who considered installation issues as well as the ability to isolate and disconnect the battery system from the network in the event of a fault;

• • the design goal was to have two designs (one for community batteries and another for network batteries) and to keep them as consistent as possible; [30]
• • the Respondent has a range of standards setting out the way the network is constructed, and the battery system has been designed to the Respondent's standards.[31]

[35] Mr Shanahan said the overall design of the community battery includes:

• an isolation switch upstream on the network;
• a switchboard;
• the battery itself; and

• • overhead or underground cables between agent based elements.[32]

[36] The batteries used by the Respondent were procured by engineers with battery subject matter expertise with two use cases in mind, i.e. for use as:

• network batteries to be deployed where the Respondent's network requires battery support to function within specific design parameters; and

• • community batteries to be deployed in scenarios where the community could benefit from a battery deployment to increase the utilisation of available renewable energy resources.[33]

[37] Mr Messer gave evidence that there are currently two different types of batteries that the Respondent installs on its network:

1. an EcoJoule battery which is mounted on a pole in an area with overhead power lines; and

• 2. a Pixii battery which is ground mounted in an area where the infrastructure is underground.[34]

[38] However, Mr Johnson said these are not the only types of batteries used and that there are other types of community batteries installed on the network including:

• Xolta batteries;
• two varieties of Pixii batteries;
• two varieties of EcoJoule batteries; and

[39] Field workers involved in installing community batteries are required to follow and use:

• a detailed design drawing;
• installation manuals;
• safe work method statements (SWMS); and

• • materials identified in a design drawing.[36]

[40] Mr Messer gave evidence that when installing EcoJoule batteries the field crew are required to:

• attach link boxes onto poles;
• install earth stakes;
• run wires between the battery and connection boxes;
• mount the battery and control box onto the pole; and

• [41] Mr Messer said the final connection in respect of EcoJoule batteries is a predetermined (or plug in) connection.[38]

[42] Mr Messer gave evidence that when installing Pixii batteries the field crew are required to:

• mount distribution boards into the ground;
• install clamps and brackets;
• secure the battery;
• install an earth rod;
• run wiring through the battery;
• install cables;

• • wire cables to an existing terminal block within the battery.[39]

• [43] Mr Messer said there is some electrical connection work required but that the wiring required to be completed in respect of this work is minor in nature through the distribution board and to the connection point on the battery unit.[40] The level of complexity associated with the work is a matter in dispute between the parties.

• [44] Mr Shanahan's evidence was that a meter is installed after the battery system has been successfully installed and commissioned as the Respondent cannot request meter installation until all testing is completed.[41] Mr Shanahan said this:

• provides consistency of work experience for the Respondent's crews, whether they are installing a network battery or community battery; and

• • removes any logistical risks involved in trying to arrange a qualified meter installer to install a meter on the same day that the Respondent's teams are testing and commissioning the battery.[42]

• [45] Ms Koot disputed that meter installation could not be done concurrently with or on the same day as installation and gave evidence that this is normally what would happen.[43] Ms Koot gave evidence that she had been informed that employees of the Respondent were told that community batteries would have the meter installed shortly after completion of the initial testing and commissioning.[44] On the other hand Ms Koot also said a number of the battery installation manuals state under the connection and registration process that a meter shall be installed before commissioning and in this regard pointed to Appendix G of the Pixii (Powershaper) manual and Annexure F of the Rolls Royce MTU) manual.[45]

• [46] The Respondent has an authorisation system which requires that employees hold a written authorisation to perform certain tasks on the Respondent's electrical network.[46] In this regard Mr Thornton gave evidence that: the tasks that workers are able to undertake are dictated by the worker's qualification, the worker's manager and the Respondent's authorisation matrix.[47]

[47] Mr Thornton gave evidence that employees that hold one of the following authorisations are able to install equipment on the Respondent's network:

• Construct and Maintain Distribution Substation Equipment and Connection Work;
• Construct and Maintain Mains - Distribution; or

• • Construct and Maintain Overhead Mains - Distribution.[48]

• [48] The Respondent indicated that it has assessed the risks associated with community battery installation and has deemed it safe for the task to be undertaken by staff that hold one of the above authorisations.[49]

[49] Mr Messer gave evidence that the authorisations held by field crew team members installing community batteries cover:

'Perform electrical testing, connection and/or inspection activities at ground level and aloft on a pole/structure (including utilising energised LV work practices to apply temporary insulating material/barriers where required and the use of low voltage insulating gloves).'[50]

1. What training and instruction has the Respondent provided that is specific to installing and commissioning community batteries?

• [50] Mr Shanahan gave evidence that as the detailed design was developed, in conjunction with health and safety representatives (HSRs) and field representatives, transportation and installation manuals were developed as well as SWMS.[51]

• [51] Mr Messer gave evidence that line worker and cable jointer crews were provided with detailed manuals regarding the installation of community batteries.[52] Mr Shanahan attached a copy of the Pixii brand Low Voltage Ground Battery Manual to his statement by way of example.[53] Mr Shanahan gave evidence that the manuals were developed in consultation with representatives from across the business.[54]

• [52] Mr Johnson did not agree that manuals were provided to staff and said that during duty of care training and tool box talks, people were advised that the manuals and all other documents were available on the Respondent's intranet page.[55]

• [53] Mr Johnson said the HSRs and Respondent's Safety Team prepared:[56]

• • a SMWS for pad mounted batteries;[57]
• • a SWMS for pole batteries.[58]

• [54] A copy of two SMWSs were attached to Mr Messer's statement[59] and indicate they deal with:

• 'Installation and Maintenance of Low Voltage (LV) Batteries (Padmount, Ground or Indoor)';
• 'Installation and Maintenance of Low Voltage (LV) Batteries (Pole)'.

• [55] Mr Shanahan gave evidence that the SWMS were developed with representatives from across the Respondent's business.[60] Ms Koot said that the Respondent only agreed to develop a SMWS and risk assessment with HSRs after the Applicant raised a dispute.[61]

• [56] The Respondent submitted the SMWS are comprehensive and consider the associated hazards and control measures to ensure the Respondent is meeting its duties under workplace health and safety laws.[62]

What specific training has been provided in respect of community battery installation?

• [57] Mr Johnson said that while work had been done by providing battery manuals, transport manuals and a duty of care on two of seven proposed types of batteries on the network, there had been no formal training and assessment of competence regarding installation.[63]

• [58] Mr Johnson gave evidence that he and other field staff identified, via the risk assessment process, that there needed to be training in relation to installation, specialised transport, maintenance and emergency response to network batteries.[64] Mr Johnson said he had concerns that:

• there was no plan for any formal training and assessment with respect to the transportation, which he considered was particularly important given the hazardous nature of transporting batteries;

• • the training materials simply referred to manuals and didn't include any process for assessing competencies to do particular tasks.[65]

• [59] The Respondent submitted that it does not consider that formal training is required as workers in field crews already have the necessary skills to install community batteries because they are similar to other equipment currently being installed on its network by line workers and cable jointers such as regulators, reclosers and capacitors.[66] The Respondent relied on the evidence of Mr Thornton in this regard.[67]

• • it was part of his role to assist the operations team in determining the best method of delivering training for battery installation;[68]
• • as the field crews already possess the necessary skillsets to install the batteries because the batteries are similar to other equipment currently being installed on the network by workers and cable jointers, the training plan for community battery installation is to provide unaccredited training for the purpose of familiarisation with new equipment;[69]

• in addition to written guidance and materials, Mr Messer and others developed a slide pack and awareness sessions and started to roll out the training.

• [61] Mr Messer also gave evidence that he and others ran awareness sessions to assist the crews in understanding the work that was required to be completed and it was considered that formal training was not necessary, as the workers already possessed the foundational skills required for the installation of community batteries and they only needed to apply the skills to new apparatus.[70]

• • he was approached to develop instructional videos to assist with introducing the new apparatus to the workers, as these were not part of the original training;[71]

• he created a suite of videos to be used as part of the training and for ongoing reference by workers and which could be accessed on any mobile device;
• the links to the videos were circulated to workers after the training sessions;
• following the awareness sessions there was discussion about more formal classroom theory training for familiarity with the new apparatus;
• in consultation with the Applicant, the Respondent agreed that the training school would conduct awareness sessions;

• • the technical training team further developed the slide pack that accompanied the original awareness sessions to include information for a theory-based session and a walk-through of the installed batteries at the Training Centre.[72]
• • following the training sessions, the training centre decided to send trainers on site for the first installation to assist with potential issues. [73]

• [63] Mr Messer gave similar evidence that following awareness sessions, the Applicant expressed that it would like the awareness sessions conducted by the Respondent's technical trainers and consequently, in consultation with the Applicant, the Respondent changed the awareness strategy rollout and provided an 'Awareness Pack' to the technical training school.[74] Mr Messer gave evidence that:

• face to face LV battery and STATCOM awareness training will be carried out by the Respondent's Technical Training Centre, including by the manufacturers and subject matter experts;
• preparations include the installation of pole and ground mounted batteries at the Technical Training Centre that will be used as training resources;

• • this is further supported by video instructions and intranet resources for all workers required to carry out installation work.[75]

• [64] Mr Shanahan gave evidence that while field crews are already familiar with similar testing techniques to those required to install and commission community batteries, the awareness materials provide further instruction on how to perform these tests specific to the EcoJoule and Pixii batteries.[76] Mr Shanahan gave evidence that awareness material is built on key steps outlined in the installation manual and SWMS in conjunction with HSR's and field representatives.[77]

• [65] A copy of the current slide pack used for this purpose was attached to Mr Thornton's statement (Presentation).[78] The Presentation covers a range of topics including:

• Where to find relevant documents including battery specific manuals, technical bulletins, SWMS and the fault and emergency response plan.
• What is an LV Battery system?
• General isolation and electrical safety requirements.
• Storage, transport load restraint and lifting requirements.
• Isolation and emergency response in relation to both the Pixii Power Shaper battery and EcoJoule EcoSTORE battery.

[66] The Presentation also indicates that the awareness session includes a practical activity involving inspection of a Pixii Power Shaper battery and EcoJoule EcoSTORE battery on site at the Training Centre.

• trainers have been sent on site since mid-January 2025 to view community battery installation and assess whether the awareness sessions are sufficient;
• no concerns have been reported;

• • minor changes have been made to the session documents as a part of the process for the purpose of refinement.[80]

• [68] Ms Koot expressed the opinion that the training in the Presentation is not sufficient to allow line workers or other unlicensed workers to do the work and that a number of sections in the presentation support her opinion that the work should only be done by a licensed electrician.[81] I return to this below.

• [69] Ms Koot also gave evidence that the overwhelming feedback she received from staff members involved in the awareness sessions was that they were still not confident to test and commission community batteries.[82]

1. What specific aspects of the work are the parties in dispute about?

• [70] While Mr Messer indicated there are currently two different types that the Respondent installs on its network, being the pole mounted EcoJoule battery and ground mounted Pixii battery,[83] its materials do appear to contemplate installation of other types of batteries.

• [71] The dispute involves highly technical considerations concerning the installation of each of these types of batteries and during the hearing it became apparent that there was confusion about the work involved and who the Respondent intended to do this work. As noted above, the precise matters about which the parties were in dispute had become unclear. The matter was adjourned to enable the parties to continue their discussions and, if necessary, file further materials. Following those discussions, Ms Koot provided tables summarising the matters about which the parties remained in dispute and the Respondent agreed that this reflected the matters in dispute.[84]

[72] In respect of the terminology used in the table below, Mr Thornton clarified:

• 'Electrically qualified person' means a worker who holds:
• UEE30820 - Certificate III in Electrotechnology Electrician (or equivalent);
• UEE33020 - Certificate III in Electrical Fitting (or equivalent);
• UET30821 - Certificate III in ESI Distribution Underground (or equivalent); or
• UET30621 - Certificate III in ESI Distribution Overhead (or equivalent);
• 'Electrician (EFM)' means a worker who holds UEE30820 - Electrician Certificate III (or equivalent);
• 'Electrician (unlicensed or equivalent)' means a worker who holds:
• UEE30820 - Certificate III in Electrotechnology Electrician (or equivalent);

• o UEE33020 - Certificate III in Electrical Fitting (or equivalent).[85]

• [73] Mr Thornton said that 'or equivalent' refers to any form of training and qualification that is deemed to be equivalent by the Australian Skills Quality Authority (ASQA).[86] ASQA is the national regulator for Australia's vocational education and training (VET) sector.[87]

The installation of ducts, conduits and earthing must be installed by a licensed electrician

The mounting hardware should be installed by a licensed electrician or checked by a licensed electrician after they are installed

Can be done by an electrician (unlicensed or equivalent)

Must be directly supervised by a licensed electrician

Electrical connection checks at LCL filter and transformer

Contractual maintenance is completed by the battery supplier

The installation of ducts, conduits and earthing must be installed by a licensed electrician

Can be installed by an 'Electrically Qualified Person'

1. Manufacturer installs battery cells and micro-inverters on instal. Future models considered by the Respondent may already include battery cells and micro-inverters within the battery unit prior to install.
2. Supplier will confirm correct installation.

The mounting hardware should be installed by a licensed electrician or checked by a licensed electrician after they are installed

Can be done by an 'Electrician (EFM)' excluding remote functional checks

Can be done by an 'Electrician (EFM)' excluding remote functional checks

Contractual maintenance is to be completed by the battery supplier

The installation of ducts, conduits and earthing must be installed by a licensed electrician

The mounting hardware should be installed by a licensed electrician or checked by a licensed electrician after they are installed

Step 11: Turn off DC, apply danger tag and test/prove de-energised

Can be done by an 'Electrician (EFM)' excluding remote functional checks

Inspection maintenance is to be completed from ground level and visual only

The installation of ducts, conduits and earthing must be installed by a licensed electrician

Can be installed by an 'Electrically Qualified Person'

The mounting hardware should be installed by a licensed electrician or checked by a licensed electrician after they are installed

Can be installed by an 'Electrically Qualified Person'

The mounting hardware should be installed by a licensed electrician after they are installed

Can be installed by an 'Electrically Qualified Person'

Step 14: Turn off DC, apply danger tag and test/prove de-energised

Can be installed by an 'Electrically Qualified Person'

Can be installed by an 'Electrically Qualified Person'

Can be installed by an 'Electrically Qualified Person'

Can be installed by an 'Electrically Qualified Person'

Can be installed by an 'Electrically Qualified Person'

Can be installed by an 'Electrically Qualified Person'

Can be done by an 'Electrician (EFM)' excluding remote functional checks

Can be done by an 'Electrician (EFM)' excluding remote functional checks

Inspection maintenance is to be completed from ground level and visual only

The installation of ducts, conduits and earthing must be installed by a licensed electrician

Not applicable. There will be no further installation of these batteries and it is expected that all of these units will be removed from service this year.

The mounting hardware should be installed by a licensed electrician or checked by a licensed electrician after they are installed

• [74] The Applicant submitted that superficially, the installation of a battery is a relatively simple task[88] but installation must be accompanied by testing and commissioning.[89] Ms Koot gave evidence that 'unqualified' employees had told her that they would not feel comfortable or confident testing and commissioning a community battery.[90]

Who does the Respondent want to test and commission batteries?

• [75] Mr Thornton gave evidence that only EFMs will be performing the on-site testing and commissioning aspects relating to community batteries (e.g. energisation and functional checks).[91]

What is involved in testing and commissioning community batteries?

[76] Mr Shanahan gave evidence that tests involved in the commissioning process for community batteries include:

• continuity tests;
• insulation resistance tests;
• polarity tests;
• neutral integrity tests

and these tests are typically carried out by line workers or cable jointers on overhead lines, ground cables, and associated switches.[92]

• [77] Mr Shanahan said there is also a new test involved in commissioning community batteries, being an anti-islanding test which I return to below.[93]

• commissioning of community batteries involves line workers and cable jointers checking computers, inverters and air conditioners to ensure they are working correctly;

• • there is no additional work that is required to be undertaken in respect of these components, and these have been accepted by the Respondent under the Factory Acceptance Testing process between the supplier and the Respondent; [94]

• the Respondent has developed a commissioning checklist which was detailed and run through in awareness sessions;

• • line workers and cable jointers complete similar commissioning checks on other assets, as the items being checked pertain to the work undertaken by these teams and are not checked within the battery enclosure;[95]

• while there are on site checks, the aspect of testing referred to by Mr Johnson is visual in nature and once the crew field leave the site the ongoing testing is completed by a remote team;

• • any element not working would be a warranty issue with the supplier.[96]

Is this different to the work that the workers usually do?

• [79] Ms Koot said that while it may be that the installation of overhead batteries is not overly different from the installation of capacitators, regulators and reclosers, the testing and commissioning is something only an electrician is competent to do.[97]

• [80] Mr Johnson gave evidence that the initial infrastructure installation process involves tasks that line workers and cable jointers already do[98] but that that the following stages of the installation process are things which are new for cable jointers and line workers:[99]

• • First, the battery cabinets and switchboard are installed.[100]
• • These are then wired to the network in the metering switch panel and connected to the battery cells through cabinet wiring.[101]
• • The commissioning process follows in order to connect the batteries to the grid, and this involves inspection of the battery cells, cabinet wiring and metering switchboard.[102]
• • The battery is then connected to the live network, once energised final checks and testing are undertaken.[103]

• [81] However, Mr Thornton said the stages of the installation outlined by Mr Johnson above are not new to line workers and cable jointers and the training to complete these steps is covered in the competency unit 'UETDRIS014 - Install and Replace Energy Meter and Associated Equipment'.[104] I return to the competency considerations below.

• [82] Mr Shanahan gave evidence that tests involved in the commissioning process for community batteries are typically carried out by line workers or cable jointers an overhead lines, ground cables, and associated switches[105] and the new test involved in commissioning community batteries, being an anti-islanding test, involves:

• turning off the incoming supply at the LV switchboard, which he said is it task routinely performed by a range of staff including line workers and cable jointers at a customer meter box; and

• • performing a voltage test to confirm zero volts, which he said is a task routinely performed by all staff in authorised electrical roles on a daily basis.[106]

Do workers have the competency and experience needed to test and commission community batteries?

• [83] Ms Koot said that line workers, DPWs and cable jointers do not have the necessary units of competency or knowledge to do commissioning and testing.[107] Similarly, Mr Johnson said given the complex nature of the systems within the network/community batteries, a line worker or cable jointer would not have the knowledge and training to recognise defects or to repair them during the commissioning process within the battery enclosure (involving the inverters, lithium ion cells, battery charging and battery management systems).[108]

• • the level of training provided to the unlicensed workers would not enable them to understand what they are looking at and as such they could not perform a visual inspection;[109]
• • cable jointers and line workers do not have the formal training that electricians have and do not know what to look for in a complex system;[110]
• • the commissioning stage is usually the highest risk stage because of the complex nature of the units which have computers, inverters, air conditioning, lithium-ion cells, battery charging and battery management systems.[111]

• [85] It is also in contention as to whether EFMs can safely test and commission and Ms Koot gave evidence that she had been informed that the Respondent was employing persons as EFMs who had not completed the 'UEE30820 - Certificate III in Electrotechnology Electrician' qualification.[112] As I will deal with further below, EFMs either hold the UEE30820 Certificate III in Electrotechnology Electrician qualification or UEE33020 Certificate III in Electrical Fitting qualification. [113]

• the Respondent has developed a commissioning checklist which was detailed and run through in awareness sessions;

• • line workers and cable jointers complete similar commissioning checks on other assets.[114]

• [87] Mr Shanahan also gave evidence that field crews are already familiar with similar testing techniques to those required to install and commission a community battery.[115]

Risks the Applicant said arise from having unlicensed workers test and commission community batteries

• [88] Ms Koot provided a table of the tests involved in commissioning and testing a community battery and the risks she said arise if a person who lacks formal training performs those tests:[116]

assuming low voltage AC is present and suffers electric shock resulting in possible severe injury or death

bond and the pre engineered bond has a high resistance

Door may not be earthed properly and becomes live in the event of a fault

worker/public resulting in possible severe injury or death

Incorrect test results using the neutral continuity instead of testing earth continuity. A fault could result in metal components

becoming live resulting in possible electric shock of worker/public resulting in possible severe injury or death

Fire from short circuits or possible electric shock of worker/public resulting in possible severe injury or death

• [89] Ms Koot gave evidence that pages 41 and 46 of the Presentation show that a community battery installation must be earthed and that without a qualified and trained electrician testing these connections, there is a risk that under some fault conditions the earthing protection and/or other protection devices would not work.[117]

[90] Page 41 of the Presentation is entitled "Site Preparation and Clearances", shows two pictures and includes the description "Installation of 2.4m earth stake adjacent to Battery cabinet".

[91] Page 46 of the Presentation is entitled "Installation key points - Earthing /Protective Bonding", includes four pictures and has the following instructions:

"Connect bonding cable from main earthing point to the bonding copper busbar on the bottom of the cabinet with M8 lug".

"Connect earthing between the Distribution Board main earth bar and:

• the main earth stake
• BESS main earth bar
• BESS earthing busbar"

• [92] Ms Koot said that as there are different kinds of batteries there may be some with internal equipotential bonds and if these are not disconnected before testing, the earth tests would be incorrect and could result in faulty community batteries becoming energised.[118] Ms Koot also gave evidence that incorrect testing could mean the Residual Current Device (RCD) does not operate in fault conditions.[119]

• [93] Mr Johnson said fault conditions could include fire, explosion, electric shock, burn, chemical exposure, release of chemicals into the environment, damage to the network and surrounding infrastructure and buildings.[120] Ms Koot also gave evidence that some of the consequences arising from the above risks include:

• electric shock or death to workers and the public;
• fires;
• arcing - causing melted metal;
• explosion (usually due to arcing); and

• • damage to appliances within houses if protection equipment within the battery does not work.[121]

• earthing is installed on every piece of equipment on the Respondent's network;
• the earthing for community batteries is no different except for the size of the conductor;

• • the equipment used to install the earthing is the same equipment workers use to install earthing on switches and substations in the Respondent's network.[122]

• field work team members requested to do the work are skilled at installing earthing systems as they do this on a regular basis on other network assets;
• the detailed design of the battery calls out where the earthing connection needs to be made, the size of the conductor and associated earth rod;
• the internal earthing system of the community battery unit has been tested under the factor acceptance testing process;

• • the earthing system on Respondent network assets is generally of a higher standard than the AS3000 requirements.[123]

• [96] Ms Koot did not agree that earthing for community batteries is no different except for the size of the conductor and gave evidence that other network equipment (such as capacitators) do not have the fault current potential of a community battery.[124] Ms Koot said, by way of example, that a 33kV capacitator has an approximate fault current of up to 25kA whereas a 415V community battery can have fault currents up to 50kA and the risk is much higher.[125] Ms Koot also noted there is a difference between installation and testing and while non-electricians may have the competence to install earthing, testing is very different and its purpose is to ensure adequate continuity in the event of a fault.[126]

1. Potential exposure to Direct Current (DC) and 'hot joints'

[97] The Applicant indicated that it holds concerns about exposure to DC and 'hot joints' and referred to elements of the Presentation that it indicated gave rise to this concern.

[98] Page 12 of the Presentation sets out the table comparing the different types of batteries and their specifications as set out below:

[99] Page 13 of the Presentation provides the following examples of hazards and controls from a LV Battery SWMS which are said to "highlight the main points relating to BESS systems":

State 'stored DC energy in LVAA special conditions, maintain clearances, use LV Live Work procedures, rated LV insulating gloves

Electric shock and / or flash burn (possible if cells fail)

PPE, insulated equipment and testers, covered tools

Spill Kit, complete electrical isolation of unit, create exclusion zone

Awareness of flammable gases, PPE, provide ventilation (open doors / use fans)

Use mechanical lifting apparatus where available / suitable, seek assistance, manual handling techniques

Isolate supply at upstream switches, call 000, secure area, notify Ops Manager

[100] A note on the bottom of page 13 of the Presentation states:

• IR Camera can be used for temp test. Expect battery to be slightly above ambient temp.
• LV Insulating Gloves are being looked at by HSE for correct voltage rating for LV Battery work.
• Not actually doing live work / gloves are to manage risk of inadvertent presence of voltage."

[101] Page 14 of the Presentation is entitled "Isolation of LV Battery - General Principle" and provides instruction regarding isolation in a non-routine emergency situation and a routine non-emergency situation. In relation to an emergency situation the Presentation states:

"When it's UNSAFE to open the LV Battery cabinet, the upstream isolations should be used.

• Pillar switches
• Padsub fuse strips
• Overhead LV Linkbox
• Other upstream switches

Refer to individual BESS SWMS for appropriate actions and safety precautions."

[102] In relation to a non-emergency situation the Presentation states:

"When it's SAFE to open the LV Battery cabinet, the local BESS isolations can be used.

• Isolation switches
• Circuit breakers
• Fuses

Refer to individual BESS manual for applicable isolation points, circumstances for use and appropriate safety precautions."

• [103] Ms Koot said the Presentation indicates that only one of the five types of community batteries has extra low voltage (ELV) DC power inside the cabinet at the batteries, charge units and connection cable and the others have LV DC power ranging between 400 and 972 DC.[127]

[104] Ms Koot noted that the Presentation indicates that:

• if there is poor ventilation in the cabinet the employee should "open doors";

• • the employee should open up the cabinet.[128]

• [105] Ms Koot gave evidence that the presence of low voltage DC and the expectation for employees to open cabinets means they would be exposed to low voltage DC, and this isn't something that employees other than licensed electricians are trained to do.[129]

[106] In response Mr Thornton gave evidence that:

• the cabinet that needs to be opened is the Pixii Power Shaper which contains 48VDC behind screening;
• the only need for staff to access the cabinet is to connect and isolate the main supply and connect earthing, which is not something that workers require a licence to do;

• • the EcoJoule version is isolated from outside the cabinet and does not require workers to access live parts inside.[130]

[107] Page 36 of the Presentation is entitled "Identifying LV Ground Batteries" and refers to the installation of a Pixii Power Shaper 2.0 battery. A note next to an image of a meter-box states:

"Note: Bypass terminal block will be installed on initial energization until metering provider returns later to install the meter."

• if metering is not installed on the Pixii Power Shaper 2.0, the employee will need to install a terminal block;
• this type of work would typically be done by an electrician due to the risks of cables not being properly terminated;

• • among other risks, this could create the risk of a hot joint, which is when a connection is not electrically safe and creates heat.[131]

[109] Ms Koot gave evidence that when a device is not installed, tested and commissioned correctly, risks include, but are not limited to hot joints which can:

• cause arcing and fires within the battery;
• create resistance within a circuit;

• • cause protections such as earthing and circuit breakers to not work effectively or at all.[132]

• [110] In response to this concern the Respondent submitted that the field workers who would undertake community battery installation work regularly make connections on a variety of network assets that gives them the relevant experience to ensure they avoid such risks as they may apply to the installation of community batteries.[133] In this regard the Respondent relied on the evidence of Mr Messer who said the employees:

• have the knowledge and experience in connecting wires through a terminal block and to make the connection tight enough to avoid a hot joint;

• • make connections in a variety of assets across the Respondent's franchise that allows for their knowledge on how to ensure a connection is tight enough.[134]

• [111] Ms Koot disagreed with this and said that only electricians will have the training to ensure a connection is tight enough to avoid a hot joint.[135]

• when employees open the cabinet they are not directly exposed to the DC as the DC terminals have additional coverings;
• field staff are highly acute to the risks when working on electrical equipment as they undertake work in an electrical environment on a daily basis;

• • in relation to other workers who work on DC systems, there is no requirement for them to be licensed electricians, and the Authorisation system only requires them to have an electrical qualification (being a Certificate III or higher).[136]

• [113] However, Mr Shanahan gave evidence that working on the community batteries involves opening cabinets and does involve potential exposure to LV DC as well as the installation of a terminal block in the switchboard. [137] Mr Shanahan went on to say that these are tasks that the Respondent's line workers and cable jointers would be less familiar with compared to their typical day-to-day duties but that the steps for these tasks are outlined in the installation manuals and SWMS.[138]

• [114] Mr Johnson gave evidence that lithium-ion batteries are dangerous goods and require special road transport, dangerous goods documentation and signage.[139] Mr Johnson gave evidence that defects might arise from damage during transport, manufacturing areas and incorrect installation and this could cause dangerous situations to the person commissioning, the community and environment.[140]

• [115] Mr Messer disputed this and gave evidence that lithium goods are not dangerous goods that require special transportation if the battery units are built to meet a prescribed standard and said that the Respondent's crews can safely transport the batteries to the relevant site and location of the installation.[141]

• [116] Mr Thornton said he had been advised that the Respondent has been granted approval to transport the batteries as they do not meet the threshold to make them dangerous goods.[142]

1. What qualifications and competencies do the workers have?

[117] Mr Thornton gave evidence that to obtain an electrical licence, workers must:

• complete a UEE30820 Certificate III in Electrotechnology Electrician;
• complete the required training and work experience, which is typically at least 12 months relevant work experience; and

• • apply for a licence through Service NSW.[143]

• [118] Mr Thornton gave evidence that it only requires workers to be licensed electricians if they are working as a District Officer or Emergency Services Officer (EMSO) because these roles require electrical work to be undertaken on a customer's premises and not on the Respondent's network.[144]

• [119] There was some conjecture around the qualifications that EFMs are required to hold. As noted above, it is proposed that EFMs will be performing the on-site testing and commissioning aspects relating to community batteries.[145]

• [120] Ms Koot gave evidence that EFMs are required to have a Certificate III in Electrotechnology and that there are multiple iterations of this trade.[146] As noted above 'UEE30820 Certificate III in Electrotechnology Electrician' is the specific qualification that licensed electricians are required to hold.[147]

[121] Mr Thornton gave evidence that for the Respondent to consider a worker to be an 'electrically qualified person' it requires one of the following qualifications to be held:

• UEE30820 Certificate III in Electrotechnology Electrician; or

• • UEE33020 Certificate III in Electrical Fitting.[148]

[122] In this regard Mr Thornton gave evidence that:

• • the Respondent employs both EFMs that have an electrician's licence and those who do not;[149]
• • the EFMs that do not have a licence have simply never applied to Service NSW for one and this is the only difference between the majority of EFMs employed by the Respondent;[150]
• • as far as he is aware, the Respondent only employs workers in EFM roles who hold a UEE30820 Certificate III in Electrotechnology Electrician, subject to the exception below;[151]

• the only exception is EFMs who hold a UEE33020 Certificate III in Electrical Fitting. This is because DWPs who obtain the UEE33020 Certificate III in Electrical Fitting qualification are able to apply for distribution EFM roles;
• the UEE33020 Certificate III in Electrical Fitting qualification involves almost all of the same units of competency as those in the UEE30820 Certificate III in Electrotechnology Electrician;
• the Respondent considers that DWPs who have obtained the UEE33020 Certificate III in Electrical Fitting qualification have been provided with the knowledge and training to be able to work in distribution EFM roles;

• • however, DWPs who have obtained the UEE33020 Certificate III in Electrical Fitting qualification will not be able to apply for District Operator roles or EMSO roles as only workers who hold the UEE30820 Certificate III in Electrotechnology Electrician will be able to apply for these roles. [152]

[123] The Applicant submitted that line workers and cable jointers have their own specific qualifications being:

• a Certificate III in Electrical Supply Industry (ESI) - Distribution Overhead;

• • a Certificate III in ESI - Cable Jointing.[153]

It appears that the Certificate III in ESI - Cable Jointing has been replaced by or is intended as a reference to UET30821 Certificate III in ESI - Distribution Underground.

• UET30621 Certificate III in ESI - Distribution Overhead (or equivalent); or
• UET30821 Certificate III in ESI - Distribution Underground

• [125] Mr Thornton gave evidence that these qualifications use seven basic units from the UEE30820 Certificate III in Electrotechnology Electrician qualification to provide basic electrical theory understanding, being:[155]

• UEECD007 Apply work health and safety regulations, codes and practices in the workplace;
• UEECD0019 Fabricate, assemble and dismantle utilities industry components;
• UEECD0044 Solve problems in multiple path circuits;
• UEECD0046 Solve problems in single path circuits;
• UEEC0051 Use drawings, diagrams, schedules, standards, codes and specifications;
• UEEEL0020 Solve problems in low voltage AC circuits;

• • UEEEL0021 Solve problems in magnetic and electromagnetic devices.[156]

[126] Both UET30621 Certificate III in ESI - Distribution Overhead and UET30821 Certificate III in ESI - Distribution Underground include the unit 'UETDRIS008 - Install and maintain electrical apparatus' as a core unit. Mr Thornton gave evidence that 'UETDRIS008 - Install and maintain electrical apparatus':

• includes assembling, installing, connecting, testing and commissioning electrical apparatus; and
• includes cleaning, repairing and replacing electrical apparatus;

• • requires 12 pre-requisite units of competency, including seven units from the UEE30820 Certificate III in Electrotechnology Electrician qualification.[157]

[127] The prerequisites for 'UETDRIS008 - Install and maintain electrical apparatus' appear to be:

• UEECD0007 Apply work health and safety regulations, codes and practices in the workplace
• UEECD0019 Fabricate, assemble and dismantle utilities industry components
• UEECD0044 Solve problems in multiple path circuits
• UEECD0046 Solve problems in single path circuits
• UEECD0051 Use drawings, diagrams, schedules, standards, codes and specifications
• UEEEL0020 Solve problems in low voltage a.c. circuits
• UEEEL0021 Solve problems in magnetic and electromagnetic devices
• UETDREL001 Apply environmental requirements
• UETDREL004 Operate plant and equipment in the vicinity of live electrical apparatus
• UETDREL005 Work safely in the vicinity of live electrical apparatus

• UETDRDU013 Joint, terminate and maintain high voltage underground polymeric cable
• UETDRDU015 Joint, terminate and maintain low voltage underground polymeric cable

• UETDRIS007 Install and maintain distribution overhead conductors and cables

• • UETDRIS012 Install and maintain poles, structures and hardware.[158]

[128] Mr Thornton gave evidence that prior to the development of a nationally recognised qualification outcome in 1998 for powerline workers:

• network operators facilitated internal traineeships for line workers and cable jointers that covered a range of electrical theory and practical tasks for network construction and maintenance activities; and

• • these workers obtained a 'craft certificate' as a formal means to acknowledge their training in the craft of powerline work.[159]

[129] Mr Thornton said that while the content of these traineeships has never been officially mapped to the current Certificate III qualification, it is recognised and widely accepted as an industry norm that these craft certificate workers are deemed equally as competent as a Certificate III qualified worker, provided:

• they maintain employment with a network operator;

• • are and have been exposed to the progressive technology, tooling and work methodology the subject of training and assessment when undertaking a modern qualification outcome.[160]

• [130] Mr Thornton gave evidence that for the majority of the Respondent's field crew, the qualification that supports competency is a Certificate III.[161] Mr Thornton gave evidence that line workers, cable jointers and DWPs, with the exception of those who hold only a craft certificate, all hold a Certificate III in either:

• UEE30820 Certificate III in Electrotechnology Electrician (or equivalent) from TAFE;
• UET30621 Certificate III in ESI - Distribution Overhead (or equivalent); and/or

• • UET30821 Certificate III in ESI - Distribution Underground (or equivalent) from the Respondent's training centre or an equivalent vocational training institution.[162]

• each of the Certificate III qualifications are designed to equip participants with the necessary skills and knowledge for working in the electricity supply industry and address:
• basic principles of electricity and electrical systems;
• skills for safely installing and maintaining overhead and underground electrical apparatus;

• o techniques for identifying and resolving faults in electrical systems.[163]
• • these concepts are core to work in the electricity supply industry and the relevant units of competency that support these fundamentals also support the battery installation process;[164]
• • once workers complete a Certificate III, they generally possess the skills to install a network piece of equipment on the Respondent's system and this would include installing a community battery.[165]

• [132] Ms Koot disagreed and said the qualifications Mr Thornton listed may be enough to install 'network equipment' but are not enough to install, test and commission 'electrical equipment'.[166] Ms Koot said that while a battery is a 'network piece of equipment' it is not only that but is 'electrical equipment' for the purposes of reg. 144 of the Work Health and Safety Regulation 2025 (NSW)(WHS Regulation) in Part 4.7 of WHS Regulation dealing with general electrical safety in workplaces and energised electrical work.[167] Regulation 144(1) states:

electrical equipment means an apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that -

(a) is used to controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage, or

(b) is operated by electricity at a voltage greater than extra low voltage, or

(c) is part open electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion, or

(d) is, or is part of, and active impressed current cathodic protection system within the meaning of AS 2832:2015, Cathodic protection of metals, Part 1: Pipes and cables'.

• [133] Ms Koot said that only the Certificate III in Electrotechnology (which licensed electricians have) teaches apprentices about the design, installation, testing and commissioning of electrical equipment.[168]

[134] Mr Thornton gave evidence that for current apprentices, the most relevant units of competency in the Certificate III qualifications include:

• UETDRIS008 - Install and maintain electrical apparatus
• UETDRS007 - Install and maintain distribution overhead conductors and cables
• UETDRDU009- Install, test and verify distribution underground cable installations
• UETDRIS010- Install and maintain low voltage overhead services
• UETDRIS011- Install and maintain low voltage underground services
• UETDRIS026- Diagnose and resolve faults in electrical apparatus
• UETDRMP011- Testing of connections to low voltage electricity networks

• • UETDRIS014 - Install and Replace energy meter and associated equipment.[169]

• [135] Mr Thornton gave evidence that the skills covered in the above units of competency have been a key element of the various iterations and evolution of the electrical supply industry Certificate III qualification (and previous traineeship programs) that the Respondent's apprentices have completed over the years as these skills are fundamental to its work.[170]

[136] However, Ms Koot gave evidence that there are a number of units of competency in the Certificate III in Electrotechnology Electrician which are not in the qualifications for line workers, DPWs and cable jointers and which are necessary for the installation, testing and commissioning of independent power sources such as community batteries including:

• UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification); and

• • UEEEL0039 - Design, install and verify electrical installations (capstone).[171]

[137] Ms Koot gave evidence that the following units are prerequisites for UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification) and do not form part of the qualifications held by line workers, cable jointer and DPWs:

• UEECD0007 Apply work health and safety regulations, codes and practices in the workplace
• UEECD0019 Fabricate, assemble and dismantle utilities industry components
• UEECD0020 Fix and secure electrotechnology equipment
• UEECD0051 Use drawings, diagrams, schedules, standards, codes and specifications
• UEEEL0003 Arrange circuits, control and protection for electrical installations
• UEEEL0020 Solve problems in low voltage a.c. circuits
• UEEEL0023 Terminate cables, cords and accessories for low voltage circuits
• UEEEL0019 Solve problems in direct current (d.c.) machines
• UEEEL0021 Solve problems in magnetic and electromagnetic devices
• UEEEL0024 Test and connect alternating current (a.c.) rotating machines
• UEEEL0025 Test and connect transformers
• UEEEL0047 Identify, shut down and restart systems with alternate supplies

• UEECD0043 Solve problems in direct current circuits

• UEECD0044 Solve problems in multiple path circuits

• • UEECD0046 Solve problems in single path circuits. [172]

[138] Ms Koot also gave evidence that the following units are prerequisites for UEEEL0039 - Design, install and verify electrical installations (capstone) and do not form part of the qualifications held by line workers, cable jointer and DPWs:

• HLTAID009 Provide cardiopulmonary resuscitation
• UEECD0007 Apply work health and safety regulations, codes and practices in the workplace
• UEECD0016 Document and apply measures to control WHS risks associated with electrotechnology work
• UEECD0019 Fabricate, dismantle and assemble utilities industry components
• UEECD0020 Fix and secure electrotechnology equipment
• UEECD0051 Use drawings, diagrams, schedules, standards, codes and specifications
• UEEEL0003 Arrange circuits, control and protection for general electrical installations
• UEEEL0005 Develop and connect electrical control circuits
• UEEEL0008 Evaluate and modify low voltage heating equipment and controls
• UEEEL0009 Evaluate and modify low voltage lighting circuits, equipment, and controls
• UEEEL0010 Evaluate and modify low voltage socket outlets circuits
• UEEEL0012 Install low voltage wiring, appliances, switchgear and associated accessories
• UEEEL0014 Isolate, test and troubleshoot low voltage electrical circuits
• UEEEL0018 Select wiring systems and cables for low voltage general electrical installations
• UEEEL0019 Solve problems in direct current (d.c.) machines
• UEEEL0020 Solve problems in low voltage a.c. circuit
• UEEEL0021 Solve problems in electromagnetic devices
• UEEEL0023 Terminate cables, cords and accessories for low voltage circuits
• UEEEL0024 Test and connect alternating current (a.c.) rotating machines
• UEEEL0025 Test and connect transformers
• UEEEL0047 Identify, shut down and restart systems with alternate supplies
• UETDRRF004 Perform rescue from a live LV panel

• UEECD0043 Solve problems in direct current circuits

• UEECD0044 Solve problems in multiple path circuits

• • UEECD0046 Solve problems in single path circuits.[173]

• the above competencies are particularly important when installing metering, installing and testing Main Earth to Neutral (MEN) systems, and installing and protecting supply mains and the latter of those three is specifically covered in 'UEEEL0003 Arrange circuits, control and protection for general electrical installations' and not in any of the units listed by Mr Thornton;
• if MEN systems are not installed and tested properly there is a risk of Earth Fault Loop (EFL) currents;

• • the external housing of the community batteries are connected to earth, so there is a risk of electric shock if EFL currents are present and someone touches the external housing of the community battery, and this could result in serious injury or death.[174]

• [140] Mr Thornton did not consider 'UEEEL0039 - Design, install and verify electrical installations (capstone)' to be relevant to installing community batteries and said this is because the unit only covers wiring on customer premises under AS3000.[175]

[141] Mr Thornton also gave evidence that the Respondent's Certificate III qualified workers:

• undertake the unit of competency UETDRIS014 - Install and Replace Energy Meter and Associated Equipment' and through this competency they learn how to install and maintain switchboard metering;
• while workers do not learn how to install sub circuits being supplied from the board in a customer's installation, the workers have the skills to complete this if they are working on network apparatus;

• • both line workers and cable jointers have the skills and training to conduct metering, as they have completed the unit of competency UETDRIS014 - Install and Replace Energy Meter and Associated Equipment.[176]

• both line workers and cable jointers maintain overhead and underground power lines;
• line workers focus on maintaining overhead lines;

• • cable jointers focus more on underground lines where they terminate and join cables and work mainly on the ground in confined spaces, although they will sometimes work on the transition from underground wires to poles;[177]

• line workers are employed across grades 1 to 7 with grades 3 and 4 being the most common;
• line workers who are leading hands are employed in roles up to grade 10;

• • cable jointers are employed across six grades, with leading hands ranging up to grade 10.[178]

[143] Mr Johnson gave evidence that the typical tasks of a grade 3 or 4 line worker include:

• job preparation tasks such as gathering materials, building pole hardware and preparing equipment for installation;
• assisting with risk assessment and associated clerical tasks;
• assisting with switching, which is the isolation and restoration of power for work to be undertaken;
• installation, repair and replacement of poles and their associated hardware;
• repair and replacement of customer service wires;
• installing, repairing and replacing switches, transformers and their associated hardware;
• basic network testing and fault finding (e.g. finding bad connections and repairing them); and

• [144] Mr Johnson gave evidence that as a grade 6 line worker he has additional responsibilities and training that allows him to work on a live network using specialised techniques.[180] Mr Johnson said some of these additional responsibilities are:

• • organising larger jobs and more complex tasks such as automated switches, fault and emergency response, and training other staff.[181]

[145] Mr Johnson gave evidence that the typical tasks of a "middle grade" cable jointer include:

• preparatory tasks such as sourcing materials, building pole hardware and equipment for installation;
• assisting with risk assessments and associated clerical tasks;
• assisting with switching;
• repairing and replacing customer service cables and connections;
• repairing, installing and replacing underground cables, including joining cables (modern plastic cables only);

• • installation of transformers/ switchgear/ cable pillars (where the customer service is connected to the network cable) and associated equipment.[182]

[146] Mr Johnson gave evidence that cable jointers employed in higher grades, such as grades 5 and 6, have the following additional responsibilities:

• more complex jointing on older style paper, lead, and metal sheath cables (which requires additional training); and

• • crew training and crew leadership.[183]

• [147] Mr Johnson attached position descriptions for all grades of line workers and cable jointers, other than leading hands, to his statement.[184]

• while line workers at Grade 3 and above would have experience installing and commissioning a load break switch, they would not be entrusted with the responsibility of this task as a whole and would only assist at the direction of a leading hand or a grade 5 or 6;
• there are differences between the control boxes for automated switches and those for the batteries;
• an automated load break switch control box has an extra low voltage battery supply of 12 to 24 volts, which is akin to the starting battery in a car or truck and this would supply a small computer and communications gear to operate the switch remotely from the control room;
• community batteries contain DC voltages nearly up to 1000 volts, inverters which convert this to mains voltage to 240/415 volts AC, computer systems, cabinet air conditioners and battery management systems;

• • the control boxes of community batteries are in fact vastly different than an automated load break switch control box.[185]

• [149] Attached to the Further Statement of Ms Koot was a position description for an EFM.[186] That position description states as the position purpose:

"Working as part of a small crew, being involved in all facets of underground, overhead and substation construction and maintenance activities as well as emergency restoration work and be involved in after-hours fault & emergency response when required."

[150] The position description describes the key accountabilities for the EFM role as follows:

• Sound knowledge of construction and maintenance practices for the underground and overhead distribution network
• Experience in the Construction, maintenance and refurbishment of the overhead and underground distribution network including work on pole and pad mounted substations
• Streetlight network and technical fault finding on the network including customer installations
• Streetlighting maintenance and installation and pole replacement and dressing pole
• Sound knowledge of construction and maintenance practices for the underground and overhead distribution network
• Experience in installation, repair and maintenance of both overhead and underground substations
• Assembly, inspection and delivery of package substations and other network equipment
• Observe and promote occupational health and safety
• Plan and prepare for LV switching operations
• Fault finding/ testing and inspections'.

• unlike electricians, line workers and cable jointers do not have training in complex wiring and their work is instead focused on repairing and maintaining overhead and underground lines;

• • without having exposure to and training in the network and wiring, non-electricians cannot know if a battery has been installed safely. [187]

• • DPWs, cable jointers and line workers have very different work experience compared to licensed electricians;[188]

• when installing a device, especially one that has the potential for extremely dangerous faults, it is important to understand not only how to carry out the tests, but also why each test needs to be done, and the equipment being tested;

• • this knowledge is not obtained during an apprenticeship, other than an electrician apprenticeship.[189]

• [153] Similarly, Mr Johnson gave evidence that licensed electricians are required as part of their apprenticeship to undertake 12 months wiring experience in domestic and commercial spaces and well as extra TAFE training compared to line workers and cable jointers and this allowed electricians to understand the systems as required and to assist with noticing and rectifying defects prior to energising the batteries.[190]

[154] The parties are not aligned about the complexity level of the wiring work involved in community battery installation.

• described the internal wiring in the battery cabinets of the batteries as 'complex';

• • said that line workers do not have the training to know about such complex wiring;[191]
• • gave evidence that line workers and cable jointers do not work in complex switchboards and cabinets, particularly with their own power source (i.e. the battery cells);[192]
• • said work involving complex switchboard wiring is something that only an electrician can do.[193]

• [156] As noted earlier, Mr Messer said there is some electrical connection work required but that the wiring required to be completed in respect of this work is minor in nature through the distribution board and to the connection point on the battery unit[194] and that the final connection in respect of EcoJoule batteries is a predetermined (or plug in) connection.[195]

• the process for installing batteries differs between pole mounted batteries and ground mounted batteries;
• mounting the battery onto a pole is no different to pole installation work that workers have previously undertaken;

• • the mechanical installation of a ground mounted battery is no different to workers placing a transformer in the ground, which Certificate III qualified workers have the capacity to do;[196]
• • the wiring for the community batteries is different to batteries that the workers have encountered before but when they undertake a services and metering course, the workers cover wiring a customer switchboard or metering overhead and underground services, which is part of the day to day work of line workers and cable jointers;[197]
• • in respect of installing an overhead battery, this is no different to capacitators, regulators or reclosers on the network and the switch for the switchboard that supplies electricity to the battery is the same switch and switchboard as what the workers work with in services and metering on a customer's board.[198]

• [158] Mr Johnson gave evidence that only workers who were in the Respondent's retail arm prior to privatisation in 2012 have in field metering experience.[199]

• • although the field crew working on installing community batteries includes workers in different roles and who have received different training and assessment, all workers are trained with the requisite skills for undertaking electrical work and installing network apparatus within the Respondent's distribution network;[200]
• • the employees in question who have a Certificate III qualification generally have the same work experience while working on the Respondent's network as licensed electricians;[201]

• the workers with a Certificate III undertake the unit of competency 'UETDRIS014 - Install and Replace Energy Meter and Associated Equipment in which they learn to install and maintain switchboard metering;

• • while the workers do not learn how to install sub circuits being supplied from the board in a customer's installation, they have the skills to complete the work if they are working on network apparatus. [202]

1. What do the battery manufacturer's manuals say about licence and qualification requirements?

• [160] Ms Koot gave evidence that some of the battery manuals require that they only be installed by an electrician or 'qualified person.[203] In particular, Ms Koot noted that the manual for the Xolta battery states at section 3.3.1:

• 'electrical installation and protection circuits must only be undertaken by an authorised electrician'; and

• • XOLTA outdoor BESS must be installed and commissioned by a XOLTA-trained technician' and 'any subsequent changes or modifications performed by unauthorized personnel are strictly prohibited and could compromise safety'.[204]

• [161] Ms Koot noted that the Respondent's manual repeated a lot of what is in the manufacturer's manual except that the Respondent had removed the requirement at section 3.3.1 that the electrical installation and protection circuits associated with the battery be done by an authorised electrician.[205]

• [162] In respect of the manual for the Pixii PowerShaper 2.0 battery Ms Koot noted that the manual requires that only 'authorized and qualified persons are allowed to perform system maintenance' but does not define what a 'qualified person' is.[206]

• [163] In respect of the manual for the Rolls Royce (MTU) Low Voltage Ground Battery Ms Koot noted that the manual requires that only 'authorized and qualified persons are allowed to perform system maintenance' but does not define what a 'qualified person' is.[207]

[164] There are various state laws that regulate who may carry out certain electrical work. Section 12 of the Home Building Act 1989 (NSW) (HB Act) provides:

'An individual must not do any residential building work, or specialist work, except:

(a) as, or as a member of a partnership or an officer of a corporation that is, the holder of a contractor licence authorising its holder to contract to do that work, or

(b) as the holder of an owner-builder permit authorising its holder to do that work, or

(c) as an employee of the holder of such a contractor licence or permit.'

[165] Item 1 of Schedule 1 to the HB Act provides that 'specialist work' includes electrical wiring work.

[166] Item 1 of Schedule 1 to the HB Act assigns 'electrical wiring work' the same meaning as it has in the Gas and Electricity (Consumer Safety) Act 2017 (NSW) (GE Act). Section 4 of the GE Act defines 'electrical wiring work' as:

'... the physical work of installing, repairing, altering, removing or adding to an electrical installation or the supervising of that work.

[167] Section 4 of the GE Act defines 'electrical installation' as:

' ... Any fixed appliances, wires, fittings, meters, apparatus or other electrical equipment used for (or for purposes incidental to) the conveyance, measuring, control and use of electricity in a particular place, but does not include the following:

(a) subject to any regulation made under subsection 4: any electrical equipment (other than a meter) used, or intended for use, in the generation, transmission or distribution of electricity that is:

(i) owned or used by an electricity supply authority, or

(ii) located at a place that is owned or occupied by such an authority,

(a1) a meter used, or intended for use, in the generation, transmission or distribution of electricity that is:

(i) owned or used by an electricity supply authority, or

(ii) located at a place that is owned or occupied by such an authority.

(b) any electrical article connected to, an extending of situation beyond, any electrical outlet socket,

(d) any electrical equipment operating at not more than 50 volts alternating current or 120 volts ripple= free direct current,

(e) any other electrical equipment, or class of electrical equipment, prescribed by the regulations.

(1) An individual must not do any electrical wiring work (whether or not it is also residential building work), except:

(a) as a qualified supervisor in respect of that work, or

(b) as the holder of a tradesperson Certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in according to the directions, if any, of such a qualified supervisor.

Maximum penalty - 1,000 penalty units in the case or a corporation and 200 penalty units in any other case.

(2) Despite subsection (1), an individual may do electrical wiring work even though the individual is not such a qualified supervisor or holder, but only if such a qualified supervisor:

(a) is present at all times where the work is being done by the individual, and

(b) is available to be consulted by, and to give directions relating to how the work is to be done to, the individual.

(3) A qualified supervisor who is supervising any electrical wiring work being done by an individual as referred to in subsection (1)(b) must:

(a) give directions that are adequate to enable the work to be done correctly by the individual performing it, and

(b) personally ensure that the work is correctly done.

Maximum penalty - 1,000 penalty units in the case or a corporation and 200 penalty units in any other case.

(4) A qualified supervisor who is supervising any electrical wiring work to be done by an individual as referred to in subsection (2) must:

(a) give directions that are adequate to enable the work to be done correctly by the individual performing it (which, unless the qualified supervisor considers it unnecessary, must include directions requiring the individual to advise in detail on progress with the work), and

(b) be present when the work is being done and be available to be consulted by, and to give directions relating to how the work is to be done to, the individual, and

(c) personally ensure that the work is done correctly.

Maximum penalty - 1,000 penalty units in the case or a corporation and 200 penalty units in any other case.

(5) This section applies to an individual acting in the course of his or her employment by the Crown.

(6) In this section, "qualified supervisor" in respect of electrical wiring work means the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work.

[169] Despite this, clauses 26 (1) and (2) of the Home Building Regulation 2014 (NSW) provide:

(1) An individual who does specialist work is exempt from the requirements of section 12 (Unlicensed work) of the Act if the individual is the holder of an appropriate supervisor certificate and the work is done in connection with:

(a) premises that the holder owns or a dwelling in which he or she resides, or

(b) premises owned or occupied by the holder's employer.

(2) An individual who does electrical wiring work is exempt from the requirements of sections 12 (Unlicensed work) and 14 (Unqualified electrical wiring work) of the Act if:

(a) the individual is employed by an electrical supply authority principally for the performance of work other than electrical wiring work, and

(b) the electrical wiring work concerned is done in the ordinary course of the employees duties.

[170] In addition to the safety concerns it put forward in submitting that it is unsafe for non-licensed workers to install and commission community batteries, the Applicant's position appears to be that there is a legal requirement for those doing this work to hold a licence.

• [171] The Respondent submitted that there is no legal requirement under any electrical licensing legislation such as the Electricity Supply Act 1995 (NSW)(ES Act), the Gas and Electricity (Consumer Safety) Act 2017 (NSW)(GE Act) or the Home Building Act 1989 (NSW)(HB Act) for a person to be licensed to carry out the work.[208] In particular, it submitted that:

• the work is carried out on facilities forming part of the Respondent's distribution network;

• • community battery facilities owned and operated by the Respondent are not part of an "electrical installation" as defined under the ES Act or HB Act and the work is not "electrical installation work" or "electrical wiring work".[209]

[172] In this regard the Respondent relied on the evidence of Mr Messer that:

• the legal requirement to hold an electrical wiring work is prescribed by s.14 of the HB Act;
• the definition of 'electrical wiring work' includes work conducted in relation to electrical installations;
• 'electrical installation' as defined in the HB Act does not include any work on the Respondent's assets, including any metering work;

• • the community batteries project only involves electrical work on the Respondent's assets and as such the work does not need to be done by licensed electricians.[210]

• [173] Similarly, Mr Thornton gave evidence that a community battery is owned and operated within the Respondent's network and does not need to be installed by a licensed electrician.[211]

• [174] The community battery system design includes an electricity meter[212] and there is some conjecture about the significance of this and whether it means that the work involved needs to be licensed.

• [175] The meter is installed within the switchboard which is either located on a pole within the road reserve or within a ground mounted enclosure within an easement.[213]

[176] Mr Johnson expressed an understanding that:

• • ordinarily the meter is where the distributor assets stop and the retailer's assets begin, which is where the work must be completed by an electrician;[214]
• • the meter may bring the battery facility outside the distribution network operated by the Respondent;[215]

• the retailers would have metering installed in community batteries to facilitate them in importing and exporting power from the battery to the customers;
• the Respondent is not a retailer and cannot deal directly with the sale of electricity to the consumer;

• • the retailer would not necessarily have to own the meter for this to occur.[216]

[177] Mr Messer and Mr Shanahan gave evidence that although a meter is installed within the community batteries, the assets:

• are owned by the Respondent and not a retailer or other external party;
• form part of the electrical distribution network operated by the Respondent; and therefore

• • do not need to be installed by a licensed electrician.[217]

• [178] Mr Shanahan gave evidence that community battery installation is different to a situation where a meter is being installed on residential premises and in the latter case licensing requirements under the HB Act require a licensed electrician to install a meter because it is part of the customer's 'electrical installation'.[218]

• based on her experience she considered the testing and commissioning of a switchboard at a home to be almost the same as testing and commissioning the switchboard for one of the batteries;
• the licensing exemption in the HB Act only allows people working for the power distributor to have the licensing exemption;
• if the same community batteries were to be installed on the network by a person who was not a direct employee of the Respondent, that person would need to be licensed in accordance with the HB Act;

• • if the batteries were installed on the customer's side of the power distribution network it would have to be tested and commissioned by a licensed electrician, whether they worked for the Respondent or not.[219]

[180] The parties are in dispute about whether AS3000 applies to the work involved in installing and commissioning community batteries.

• [181] Mr Shanahan gave evidence that AS3000 is an Australian standard that sets out technical rules that help electricians design, construct and verify electrical installations, typically in residential homes and on commercial or industrial premises, and the HB Act requires that electricians be licensed to perform this work. [220] The Respondent, relying on the evidence of Mr Shanahan,[221] submitted:

• the purpose of this licensing requirement is to ensure that the electricians undertaking work in residential homes or on commercial or industrial premises are familiar with AS3000 because the electrician needs to conduct their own design and select their own materials to ensure the work they are performing is safe for the occupier of the premises;

• • as the installation of community batteries does not take place in a residential home or an external private commercial or industrial premises and forms part of the Respondent's network, AS3000 does not apply to the installation of community batteries.[222]

• [182] Ms Koot did not agree with the Respondent's description of the purpose of licensing and said the majority of companies do not require the electrician performing the work to design the installation or select the materials but are required to have an understanding of why the materials have been picked and how the design works.[223] Ms Koot said this is so they can understand the results of what they are testing and commissioning.[224]

• [183] Mr Johnson gave evidence that AS3000 requires that final commissioning and installation of an 'Electrical Installation' be done by a licensed electrician but that the standard excludes facilities operated by an electrical distributor in connection with the provision of distribution services.[225] As noted above, Mr Johnson expressed an understanding that the metre may bring the battery facility outside the distribution network operated by the Respondent and thus cause AS3000 to apply.[226]

[184] Ms Koot also indicated that compliance with AS3000 was required, resulting in a need for licensed persons to undertake the work and gave evidence that:

• all metering installations need to be accompanied by a Certificate of Compliance of Electrical Work (CCEW);

• • all metering installations must be tested as per the requirements of AS3000 before the CCEW is completed and this can only be done by a licensed electrician as per the GE Act. [227]

[185] Ms Koot also expressed the view that testing is required to be done in accordance with AS3000 and noted that the Respondent's installation manual for the Rolls Royce (MTU) battery:

"Connect incoming phase conductors, neutral and earthing conductors. Ensure that the cable termination between the Electrical switchboard and the MTU QS6 is terminated as per AS3000 and the NSW Service Rules;"[228]

• • requires workers installing the battery to ensure the cable termination between the electrical switchboard and the MTU QS6 is terminated as per AS3000.[229] Ms Koot said only licensed electricians are trained to work in accordance with AS3000.[230]

• [186] However, Mr Messer gave evidence that the community batteries project only involves electrical work on the Respondent's assets and on this basis, the community batteries project is also exempt from the requirement in AS3000 that electrical maintenance, wiring and installations can only be completed by licensed electricians.[231]

1. Determination of the Licence and Commissioning Questions

• [187] The Applicant submitted that requiring non-electricians to install community batteries diminishes the health, safety and welfare of employees, contractors, visitors, and the general public because there are serious hazards and consequences that may arise from non-electricians installing and commissioning batteries.[232] This is disputed by the Respondent.

Do licensing laws require that the work be undertaken by a licensed electrician?

[188] Before considering the safety considerations relevant to the Licence and Commissioning Questions, I have firstly sought to identify whether there is any licensing law that specifically requires the workers to install and commission community batteries.

[189] The definition of 'electrical installation' in s.4 of the GE Act excludes both electrical equipment and a meter used, or intended for use, in the generation, transmission or distribution of electricity that is owned or used by an electricity supply authority or located at a place that is owned or occupied by such an authority. The community battery and associated meter is clearly used, or intended for use, in the generation, transmission or distribution of electricity and I accept the Respondent's evidence that it owns these assets. This means:

• the work falls within the exclusions from the definition of 'electrical installation' within s.4 of the GE Act,;
• the work therefore falls outside the definition of 'electrical wiring work' in s.4 of the GE Act; and
• the licensing requirements in s.14 of the HB Act do not apply.

• [190] A copy of AS3000 was attached to Ms Koot's statement.[233] The scope and application of AS3000 are found in Section 1 of AS3000. Section 1.2 states that:

"This Standard may be applied through legislative requirements, made in each state and territory of Australia and in New Zealand, concerned with the safety of electrical installations. The Standard may also be applied in conjunction with any additional requirements, exemptions or restrictions in such legislation.

The principal application of this Standard is to electrical installations in all types of premises and land used by electricity consumers. However, the Standard may also be referenced or applied through legislative or other requirements relating to the effect of electrical installations in matters such as the following:

NOTE: For example, any relevant work health and safety legislation and associated codes.

NOTE: For example, national building codes [such as the National Construction Code (NCC), New Zealand Building Code (NZBC)] and the associated referenced Standards. See Appendix E for information on NCC and NZBC.

(c) Electricity generation, transmission and distribution systems.

(d) Safe connection to electricity distribution systems.

NOTE: For example, service rules and conditions provided by local electricity distributors.

[191] Compliance with AS3000 will clearly be required where it is applied via legislation but AS3000 is not itself a law.

[192] Section 34(a) of the GE Act provides that a person must not carry out electrical installation work otherwise than in accordance with the standard or requirements prescribed for the purposes of that section. Clause 34(1) of the Gas and Electricity (Consumer Safety) Regulation 2018 (NSW)(GE Regulations) provides that for the purposes of s.34(a) of the GE Act, electrical installation work is required to be carried out in accordance with the standards and requirements specified in that clause. Clause 34(3) of the GE Regulations requires electrical installation work to be carried out in accordance with the Australian/New Zealand Wiring Rules (i.e. AS3000 as defined in clause 3 of the GE Regulations).

[193] However, as I have earlier noted, the work falls within the exclusions from the definition of 'electrical installation' within in s.4 of the GE Act. It follows that it is not work requiring a licence under the HB Act. I have been unable to identify any other law that specifically requires a licence for the work.

[194] As such, I accept that there is no specific regulatory requirement that the Respondent's workers must be licensed to install community batteries in the circumstances of this matter.

[195] However, this does not provide a complete answer to the Licence and Commissioning Questions which require me to consider:

• whether the installation of community batteries can only be done safely by licensed electricians; and
• whether testing and commissioning can only be done safely by employees eligible to be licensed electricians and who have completed the following units of competency:
• UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification)
• UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations (capstone).

• [197] While the Respondent has assessed the risks associated with community battery installation and has deemed it safe for the task to be undertaken by staff that hold certain authorisations[234] under its authorisation system, there was limited evidence about how the authorisation system operates and why certain authorisations are assigned.

• [198] While Mr Messer gave evidence that there are currently two different types of batteries that the Respondent installs on its network, being the EcoJoule battery and Pixii battery,[235]Mr Johnson said these are not the only types of batteries used.[236] In this regard I note that the Presentation refers to the following battery-specific system manuals:

• Rolls Royce (MTU) Low Voltage Ground Battery Manual
• Pixii (PowerShaper) Low Voltage Ground Battery Manual
• EcoJoule (EcoStore) Low Voltage Pole Battery Manual
• EcoJoule 'EcoVAR' Low Voltage STATCOM Manual
• Xolta 'BAT-79' Low Voltage Ground Battery Manual.

[199] While the Respondent may currently only use two types of batteries, its development of manuals for other types of batteries suggests that it has used or contemplates use of other batteries. The exception to this is the Xolta BAT-79 battery which it has indicted will no longer be installed and will be removed from service.

[200] During the hearing Mr Messer made clear that line workers and cable jointers would not be required to commission and test community batteries and I return to this issue below. These unlicensed workers make up the majority of the Respondent's field crew. A question arises as to whether they are able to undertake the aspects of community battery installation other than commissioning and testing.

[201] I accept that employees in these roles will generally hold one of the following qualifications:

• UET30621 Certificate III in ESI - Distribution Overhead (or equivalent); and/or

• • UET30821 Certificate III in ESI - Distribution Underground (or equivalent) from the Respondent's training centre or an equivalent vocational training institution.[237]

[202] I accept Mr Thornton's evidence that the unit of competency 'UETDRIS008 - Install and maintain electrical apparatus', forms part of these Certificate III qualifications and:

• includes assembling, installing, connecting, testing and commissioning electrical apparatus; and
• includes cleaning, repairing and replacing electrical apparatus;

• • requires 12 pre-requisite units of competency, including seven units from the Electrotechnology qualification.[238]

• [203] I also accept that employees who have completed one of the relevant Certificate III qualifications and who have completed this module should have, as the module content suggests, attained the foundational skills and competencies to be able to install electrical apparatus generally. I also accept that line workers and cable jointers are currently installing other apparatus on the Respondent's network such as regulators, reclosers and capacitors.[239] These employees will have exposure to the Respondent's network and its unique operating environment. However, I also accept that the equipment line workers and cable jointers have been working on is different to community batteries and that the installation of community batteries involves some tasks that are new for line workers and cable jointers. As such, it is appropriate that they be given direction and training specific to the community batteries. In this regard, the workers are provided with:

• • manuals developed in consultation with representatives from across the business;[240]
• • SWMSs developed with representatives from across the Respondent's business.[241]

• training in the form of face to face awareness sessions delivered at the Respondent's Technical Training Centre and which includes inspection of a Pixii Power Shaper battery and EcoJoule EcoSTORE battery on site at the Training Centre;

• • video instructions and intranet resources.[242]

[204] I also accept Mr Thornton's evidence that:

• trainers have been sent on site since mid-January 2025 to view community battery installation and assess whether the awareness sessions are sufficient;
• no concerns have been reported;

• • minor changes have been made to the awareness session documents as a part of the process for the purpose of refinement.[243]

• have completed a relevant Certificate III including the unit of competency 'UETDRIS008 - Install and maintain electrical apparatus', or equivalent as determined by ASQA;
• install other apparatus on the Respondent's network;
• have undergone awareness training specific to community batteries;
• have been provided with video instruction, manuals and SWMS specific to community battery installation; and
• trainers sent on site since mid-January 2025 to view community battery installation have not reported concerns,

[206] I am unable to find that only licensed electricians are able to install community batteries safely. As such, I decline to make the order restraining the Respondent from requiring any employee who is not a licensed electrician to install batteries.

• [207] I do however accept that the testing and commissioning aspects of community battery installation present the highest risks when undertaking the work. When the Respondent initially filed its evidence, it appeared that it was seeking to have cable jointers and line workers undertake testing and commissioning work. For example, Mr Shanahan gave evidence that tests involved in the commissioning process for community batteries were typically carried out by line workers or cable jointers on overhead lines, ground cables, and associated switches.[244] However since the commencement of the dispute the Respondent has confirmed that only EFMs will be performing the on-site testing and commissioning aspects relating to community batteries[245] and as such it is not necessary to determine whether workers other than EFMs are able to do the testing and commissioning aspect of the work safely.

[208] While some EFMs may hold a licence, others do not. EFMs either hold the:

• UEE30820 Certificate III in Electrotechnology Electrician qualification; or

• • UEE33020 Certificate III in Electrical Fitting qualification. [246]

[209] A question arises as to whether the EFMs who have completed the UEE33020 Certificate III in Electrical Fitting qualification rather than the UEE30820 Certificate III in Electrotechnology Electrician can safely undertake commissioning and testing work. Both qualifications require completion of the following core units of competency:

1. UEECD0007: Apply work health and safety regulations, codes and practices in the workplace;
2. UEECD0019: Fabricate, assemble and dismantle utilities industry components;
3. UEECD0044: Solve problems in multiple path circuits;
4. UEECD0046: Solve problems in single path circuits;
5. UEECD0051: Use drawings, diagrams, schedules, standards, codes and specifications;
6. UEEEL0020: Solve problems in low voltage a.c. circuits;
7. UEEEL0021: Solve problems in magnetic and electromagnetic devices;
8. HLTAID009: Provide cardiopulmonary resuscitation;
9. UEECD0016: Document and apply measures to control WHS risks associated with electrotechnology work;
10. UEECD0020: Fix and secure electrotechnology equipment;
11. UEECO0023: Participate in electrical work and competency development activities;
12. UEEEL0003: Arrange circuits, control and protection for electrical installations;
13. UEEEL0005: Develop and connect electrical control circuits;
14. UEEEL0014: Isolate, test and troubleshoot low voltage electrical circuits;
15. UEEEL0019: Solve problems in direct current (d.c.) machines;
16. UEEEL0023: Terminate cables, cords and accessories for low voltage circuits;
17. UEEEL0024: Test and connect alternating current (a.c.) rotating machines;
18. UEEEL0025: Test and connect transformers;
19. UEEEL0047: Identify, shut down and restart systems with alternate supplies;

• 20. UEERE0001: Apply environmentally and sustainable procedures in the energy sector.[247]
• [210] The UEE33020 Certificate III in Electrical Fitting qualification requires completion of an additional core unit of competency being UEEEL0028: Conduct compliance and functional verification of electrical apparatus and existing circuits. [248]

[211] In addition to the 20 core units of competency identified above, the UEE30820 Certificate III in Electrotechnology Electrician qualification requires completion of the following core units of competency:

• UEEEL0008: Evaluate and modify low voltage heating equipment and controls;
• UEEEL0009: Evaluate and modify low voltage lighting circuits, equipment and controls;
• UEEEL0010: Evaluate and modify low voltage socket outlets circuits;
• UEEEL0012: Install low voltage wiring, appliances, switchgear and associated accessories;
• UEEEL0018: Select wiring systems and select cables for low voltage electrical installations;
• UEEEL0039: Design, install and verify compliance and functionality of general electrical installations;

• • UETDRRF004: Perform rescue from a live LV panel.[249]

[212] The Applicant has identified the following as core competencies that workers would need to be able to do testing and commissioning safely:

• UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification)
• UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations.

• [213] While UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification) is a core unit of competency for both the UEE30820 Certificate III in Electrotechnology Electrician and UEE33020 Certificate III in Electrical Fitting qualifications, [250] UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations is only a core unit of competency required for the UEE30820 Certificate III in Electrotechnology Electrician qualification.

[214] Ms Koot gave evidence that the following units are prerequisites for UEEEL0039 - Design, install and verify electrical installations and do not form part of the qualifications held by line workers, cable jointer and DPWs:

• HLTAID009 Provide cardiopulmonary resuscitation
• UEECD0007 Apply work health and safety regulations, codes and practices in the workplace
• UEECD0016 Document and apply measures to control WHS risks associated with electrotechnology work
• UEECD0019 Fabricate, dismantle and assemble utilities industry components
• UEECD0020 Fix and secure electrotechnology equipment
• UEECD0051 Use drawings, diagrams, schedules, standards, codes and specifications
• UEEEL0003 Arrange circuits, control and protection for general electrical installations
• UEEEL0005 Develop and connect electrical control circuits
• UEEEL0008 Evaluate and modify low voltage heating equipment and controls
• UEEEL0009 Evaluate and modify low voltage lighting circuits, equipment, and controls
• UEEEL0010 Evaluate and modify low voltage socket outlets circuits
• UEEEL0012 Install low voltage wiring, appliances, switchgear and associated accessories
• UEEEL0014 Isolate, test and troubleshoot low voltage electrical circuits
• UEEEL0018 Select wiring systems and cables for low voltage general electrical installations
• UEEEL0019 Solve problems in direct current (d.c.) machines
• UEEEL0020 Solve problems in low voltage a.c. circuit
• UEEEL0021 Solve problems in electromagnetic devices
• UEEEL0023 Terminate cables, cords and accessories for low voltage circuits
• UEEEL0024 Test and connect alternating current (a.c.) rotating machines
• UEEEL0025 Test and connect transformers
• UEEEL0047 Identify, shut down and restart systems with alternate supplies
• UETDRRF004 Perform rescue from a live LV panel

• UEECD0043 Solve problems in direct current circuits

• UEECD0044 Solve problems in multiple path circuits

• • UEECD0046 Solve problems in single path circuits.[251]

[215] Of the above prerequisite units for UEEEL0039 - Design, install and verify electrical installations, the following units of competency do not form part of the core units for the UEE33020 Certificate III in Electrical Fitting qualification:

• UEEEL0008 Evaluate and modify low voltage heating equipment and controls
• UEEEL0009 Evaluate and modify low voltage lighting circuits, equipment, and controls
• UEEEL0010 Evaluate and modify low voltage socket outlets circuits
• UEEEL0012 Install low voltage wiring, appliances, switchgear and associated accessories
• UEEEL0018 Select wiring systems and cables for low voltage general electrical installations
• UETDRRF004 Perform rescue from a live LV panel
• UEECD0043 Solve problems in direct current circuits (although the other two alternative units UEECD0044 Solve problems in multiple path circuits and UEECD0046 Solve problems in single path circuits do).

[216] The National Training Register provides the following description of the unit:

"This unit involves the skills and knowledge required to design, install, inspect and test to verify an electrical installation is safe and complies with regulatory requirements.

It includes working safely; designing, installing, commissioning and fault finding of electrical installations; visual inspections and mandatory testing; following workplace procedures; and completing mandatory reporting requirements.

The skills and knowledge described in this unit require a licence or permit to practice in the workplace where work is carried out on electrical installations which are designed to operate at voltages greater than 50 volt (V) alternating current (a.c.) or 120 V direct current (d.c.).

Competency development activities in this unit are subject to regulations directly related to licensing. Where a licence or permit to practice is not held, a relevant contract of training, such as an Australian Apprenticeship, may be required.

Additional and/or other conditions may apply in some jurisdictions subject to regulations related to electrical work. Practice in the workplace and during training is also subject to work health and safety (WHS)/occupational health and safety (OHS) regulations.

Those holding an 'Unrestricted Electrician's Licence' or equivalent issued in an Australian state or territory meet the requirements of this unit and its prerequisite requirements.

A 'licensed electrician' who requires this unit to demonstrate currency for regulatory purposes may be required to undertake this unit to demonstrate their currency with verification of compliance requirements. In this case they are deemed to have met the prerequisites for this unit provided that they hold a current 'electricians licence' or its equivalent issued in an Australian state or territory; and, have recently been in employment as a licensed electrician sufficient to evidence current knowledge of applicable standards and regulations".[252]

• [217] Mr Thornton of the Respondent did not consider 'UEEEL0039 - Design, install and verify electrical installations (capstone)' to be relevant to installing community batteries and said this is because the unit only covers wiring on customer premises under AS3000.[253] The description of the unit on the National Training Register suggests it is not so limited, as it "involves the skills and knowledge required to design, install, inspect and test to verify an electrical installation is safe and complies with regulatory requirements" and "includes working safely; designing, installing, commissioning and fault finding of electrical installations; visual inspections and mandatory testing; following workplace procedures; and completing mandatory reporting requirements". While it does appear to have a focus on regulatory requirements and compliance with AS3000 is not required by licensing legislation in relation to the work the subject to this dispute, Ms Koot has identified, the installation manual for the Rolls Royce (MTU) Battery does require that some aspects of the work confirm to AS3000 stating under the section "Power Cable Connection":

"Connect incoming phase conductors, neutral and earthing conductors. Ensure that the cable termination between the Electrical switchboard and the MTU QS6 is terminated as per AS3000 and the NSW Service Rules."[254]

[218] I am persuaded that incorrect cable termination may give rise to safety risks of the nature identified by the Applicant such as a hot joint. The requirement for compliance with AS3000 in the Respondent's own battery installation manual would likely mitigate such risk and if a worker is required to terminate cables in accordance with AS3000, they will need to have knowledge of AS3000.

• [219] Under the licensing scheme applicable to electricians in New South Wales, a licence can be obtained if a person has completed a Certificate III in Electrotechnology, has a certificate of proficiency as an electrician or an electrical mechanic from the Vocational Training Review Panel of NSW (or its predecessors), at least 12 months relevant electrical wiring work experience utilising knowledge and understanding of AS3000 (in the residential, commercial and/or industrial areas).[255] The regulator, Service NSW, may also require a licence applicant to undertake an assessment of their understanding of the current edition of AS3000 and evidence of employment to confirm any employment periods. The licensing scheme also provides different pathways for obtaining a licence if a person has a superseded qualification, which involves a digital assessment on AS 3000 as well as 12 months relevant electrical wiring work experience using AS3000.[256] A licensed electrician has clearly been subjected to a process that enables the regulator to be satisfied that they have the skills, competencies and experience to do electrical wiring work and have a working knowledge of AS3000.

• [220] The position description for an EFM does not specifically reference commissioning and testing community batteries however it does make reference to 'fault finding/ testing and inspections'. I accept Mr Shanahan's evidence that field crews are already familiar with similar testing techniques to those required to install and commission a community battery.[257] However the wiring for the community batteries is different to batteries that the workers have encountered before[258] and there is a new anti-islanding test that needs to be carried out.[259] The work involves some electrical connection work through the distribution board and to the connection point on the battery unit.[260]

• [221] I accept that the Respondent has taken certain steps to address the risks associated with commissioning and testing of community batteries including development of a commissioning checklist which was detailed and run through in awareness sessions.[261] It also appears to have limited the persons that it would have undertake this work to EFMs. However I accept Mr Johnson's evidence that community batteries contain DC voltages nearly up to 1000 volts,[262] which is supported by the Presentation content,[263] as well the Applicant's evidence that the possible consequences of carrying out the testing and commissioning process incorrectly may be severe and include severe injury or death to workers or members of the public.

• [222] I acknowledge that work is not being installed on a consumer's residential or commercial premises and is exempt from licensing regulation. Further, I am not persuaded that only electricians with a licence issued by Service NSW should commission and test community batteries. However, the regulatory requirements for a licence clearly mandate competencies and experience beyond that of a worker who has simply attained a Certificate III. The unit of competency UEEEL0039 - Design, install and verify electrical installations (capstone)' "involves the skills and knowledge required to design, install, inspect and test to verify an electrical installation is safe and complies with regulatory requirements" and "includes working safely; designing, installing, commissioning and fault finding of electrical installations; visual inspections and mandatory testing; following workplace procedures; and completing mandatory reporting requirements". The description suggests they are relevant to testing and commissioning. Noting the risks associated with commissioning and testing I am not persuaded that attainment of a Certificate III in Electrical Fitting qualification is in itself sufficient to support the safe commissioning and testing of community batteries. Further, I am not persuaded that the employees with a Certificate III qualification generally have the same work experience while working on the Respondent's network as licensed electricians as asserted by Mr Thornton,[264] particularly as the Respondent only requires licensed electricians in certain roles[265] and they are trained and paid to do different things. Nor am I persuaded that the Respondent's existing training and materials are sufficient to bridge the gap, particularly concerning knowledge of AS3000 and work experience required to demonstrate competency. In this regard the Applicant sought an alternative order that testing and commissioning only be conducted by employees eligible to be licensed electricians and who have completed the following units of competency:

• UEEE0014 - Isolate, test and troubleshoot low voltage electrical circuits (testing and verification)
• UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations (capstone).

[223] The difficultly with the proposed order is that 'eligibility' for a licence is assessed by Service NSW and further disputes may follow regarding who is 'eligible' and who is not. As such, I have decided to make orders in clearer terms, being that commissioning and testing only be carried out by workers other than licensed electricians if those workers:

1. hold UEE30820 Certificate III in Electrotechnology Electrician qualification or qualification deemed to be equivalent by the Australian Skills Quality Authority (ASQA); or
2. hold a UEE33020 Certificate III in Electrical Fitting qualification or qualification deemed to be equivalent by ASQA and have completed the unit of competency UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations (capstone) or unit of competency deemed to be equivalent by ASQA.

[224] Given the serious risks involved in commissioning and testing of community batteries, I am also persuaded that some level of supervised work experience should be required to undertake this work in addition to the above qualifications. The difficulty with aligning this to the requirements for a licence is that the work experience requirements for a licence relate to 'electrical wiring work' from which the work the subject of this dispute is exempt. Working on the network of an electricity supply authority also has a particular focus compared to work that may be carried out by other electricians who undertake range of activities on residential, industrial and commercial sites. In this regard aligning the experience requirements for testing and commissioning community batteries to general licensing requirements seems arbitrary.

• [225] A question also arises as to who would provide such supervision in circumstances where holding a licence is not a regulatory requirement. Mr Thornton gave evidence that following the training sessions, the training centre decided to send trainers on site for the first installation to assist with potential issues.[266] However it is unclear what competencies the trainers have to provide supervised commissioning and testing. Noting that it does not appear to be in dispute that licensed electricians are able to undertake the work safely and that the Respondent does employ workers who are licensed electricians or eligible to be licensed electricians, I recommend that unlicensed workers commissioning and testing community batteries be required to have at least the first three occasions of those commissioning and testing activities supervised by a person who holds the UEE30820 Certificate III in Electrotechnology Electrician qualification (being the qualification generally required for a licence) or qualification deemed to be equivalent by ASQA and who has 12 months relevant experience whether this be:

• 12 months relevant electrical wiring work experience as defined in the GE Act and using AS3000, being the experience generally required for a licence); or
• 12 months experience in the physical work of installing, repairing, altering, removing or adding to any fixed appliances, wires, fittings, meters, apparatus or other electrical equipment used for (or for purposes incidental to) the conveyance, measuring, control and use of electricity in a particular place, being the definition of electrical wiring work in the GE Act, without the exemptions in section 4 of the GE Act.

[226] Addressing the Consultation Question requires consideration of:

• the consultation provisions in the Agreement;
• the nature of the change proposed by the Respondent;
• whether that change enlivens the consultation obligations under the Agreement.

20.1 The consultation provisions in the Agreement

[228] Clause 5 of the Agreement deals with consultation and clause 5.1 relevantly provides:

5.1.1 During the term of this agreement, proposed changes that will Materially Impact employees will be communicated to and subject to, consultation with impacted employees and their representatives.

[229] The term 'Materially Impact' is defined in clause 2.4.3 of the Agreement as follows:

'2.4.3 Materially Impact means, but is not limited to, changes that may result in:

a) The termination of the employment of employees; or

b) Major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or

c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or

d) Changes to the regular roster ordinary hours of work of employees; or

e) The alteration of hours of work; or

f) The need to retrain employees; or

g) The need to relocate employees to another workplace; or

h) The restructuring of jobs.

6.2.1 Any change will only occur following the consultation process outlined in Clause 5. In assessing the impact of the change, the assessment criteria below will be considered as part of the consultation process.

6.2.2 The assessment criteria will include, but is not limited to:

[231] The Agreement sets out a consultation process at Appendix D which explains:

'The following sets out what the process is for consultation depending on the impact of the proposed change. In the event that a different process may be required Endeavour Energy will consult with the impacted employees and their representatives about the proposed change to the consultation process.'

[232] Appendix D then goes on to set out differing processes for:

• 'Local level Change', described as 'Small group(s) of employees directly impacted (i.e. team based change);
• 'Mid-level Change', described as 'Branch, Division or Depot change'; and
• 'Large Change', described as follows: 'Affects significant number of employees impacted (Company wide, Divisional wide or across multiple depots').

[233] When these provisions are read together in context, clause 5.1.1 sets out when the Respondent is required to consult, that is when a proposed change will 'Materially Impact' employees as defined in the Agreement. If the change will 'Materially Impact' employees, Appendix D sets out how the Respondent is required to consult, which will depend upon who is impacted and whether the change is 'Local level Change', 'Mid-level Change' or 'Large Change'. Regardless of as to whether the change is 'Local level Change', 'Mid-level Change' or 'Large Change', Appendix D requires the Respondent to detail the effect the change is likely to have on employees, considering the assessment criteria in clause 6.2.2.

20.2 Does the change proposed by the Respondent enliven consultation obligations?

• [234] The Applicant submitted that the installation of batteries is a new practice and there has not previously been large batteries throughout the network.[267] It submits that it is a change that 'Materially Impacts employees and that the information that is relevant and has not been provided is:

• the training proposed for employees who will be required to install the community batteries; and

• • how those employees will be assessed as being competent to perform the tasks.[268]

• [235] While Mr Johnson gave evidence that the initial infrastructure installation process involves tasks that line workers and cable jointers already do,[269] the following stages of the installation process are things which are new for cable jointers and line workers:[270]

• • First, the battery cabinets and switchboard are installed.[271]
• • These are then wired to the network in the metering switch panel and connected to the battery cells through cabinet wiring.[272]
• • The commissioning process follows in order to connect the batteries to the grid and this involves inspection of the battery cells, cabinet wiring and metering switchboard.[273]
• • The battery is then connected to the live network, once energised final checks and testing are undertaken.[274]

• [236] Mr Thornton said the stages of the installation outlined by Mr Johnson above are not new to line workers and cable jointers, as the training to complete these steps is covered in the competency unit 'UETDRIS014 - Install and Replace Energy Meter and Associated Equipment'.[275]

• • the consultation provisions in clause 5.1 are not enlivened because the work involved in installing community batteries is not a proposed change that will materially impact employees;[276]
• • community battery installation is within the current skills and competencies of any line worker and cable jointer;[277]

• while there will be some additional awareness training provided, the upskilling required will not significantly increase the work of employees that are not licensed electricians;

• • the employees will not be required to 'retrain' to undertake a new role or substantially altered role, rather, the awareness training is the same as any technical and safety training required for a new product or procedure being introduced in the ordinary course of business.[278] Mr Messer gave evidence that such training is provided with any new type of equipment.[279]

[238] While the definition of 'Materially Impact' in clause 2.4.3 of the Agreement is not exhaustive, it provides a good starting point for consideration of the change and provides an indication as to the types of impacts that the parties have agreed 'Materially Impact" employees.

[239] There is no evidence that the community battery installation project will result in:

• the termination of employment of employees;
• major change to the composition, operation or size of the Respondent's workforce;
• the elimination or diminution of job opportunities (including opportunities for promotion or tenure);
• changes to the regular roster ordinary hours of work of employees;
• the alteration of hours of work;
• the need to relocate employees to another workplace;
• the restructuring of jobs.

[240] Questions remain as to whether the change will result in:

• a major change to the skills required of employees; or
• the need to retrain employees.

[241] While I have decided to make orders concerning the qualification and experience requirements for undertaking commissioning and testing of community batteries, the consultation dispute relates to the Respondent's proposed changes. In this regard, I do not consider that the community battery installation project results in a change that will result in a major change to the skills required of employees. While awareness training specific to the community batteries has been provided, I do not consider that training of this nature constitutes 'retraining' of the nature contemplated by clause 2.4.3. To the extent that the Respondent needs to comply with the Commission's orders regarding commissioning and testing of community batteries, most EFMs will already have experience working with the Respondent and have one of the following qualifications:

• UEE30820 Certificate III in Electrotechnology Electrician qualification; or

• • UEE33020 Certificate III in Electrical Fitting qualification. [280]

[242] The Respondent can choose to either limit the EFMs to those who have UEE30820 Certificate III in Electrotechnology Electrician qualification or require that an EFM with the UEE33020 Certificate III in Electrical Fitting qualification undertake an additional module. I do not consider that this will result in a major change to the skills required of employees. I do not otherwise consider that the community battery installation project results in a change that will 'Materially Impact' employees as defined in the Agreement. I therefore decline to order that the Respondent produce further information.

[243] Had I found that the change was a change that 'Materially Impacts' employees, regardless as to whether such a change was a 'Local level Change', 'Mid-level Change' or 'Large Change', the consultation process in Appendix D of the Agreement would have required the Respondent to provide information about the change and the expected impact of the change (other than confidential or commercially sensitive information) to the employees. The Applicant had sought information about:

• the training proposed for employees who will be required to install the community batteries; and
• how those employees will be assessed as being competent to perform the tasks.

• [244] The Respondent submitted that even if community battery installation is determined to be a change that will 'Materially Impact' employees, which I have found it is not, it has already engaged in consultation and awareness campaigns with workers and their representatives about the installation and commissioning of community batteries.[281] In this regard the Respondent relied on the evidence of Mr Messer that:

• the Respondent started communicating plans around the community batteries initiative in 2023;

• • around this time the Respondent started rolling out awareness sessions to familiarise workers with the community battery project and the equipment they would be working on;[282]
• • on 14 September 2023 a Systems Operation LV Battery Update was released which provided an update on the status of the community batteries project as well as details on the isolation processes, how the FLISR application interacts with community batteries, and the expectations of the Respondent's field crew when responding if a pole mounted battery is on fire;[283]
• • on 25 October 2023, the Respondent circulated a Bulletin outlining the procedures for identifying and responding to a network battery fire or vehicle collision for the purpose of providing guidance for workers to respond and protect workers, customers and the environment in those circumstances;[284]
• • on 27 October 2023 the Respondent issued a Bulletin regarding low voltage ground mounted batteries which provided general awareness of low voltage ground mounted batteries and outlined methods for installing, commissioning and isolating this type of battery;[285]
• • in November 2023, Safety Day Community Batteries Updates were provided at Field Operations Safety Days and a number of videos outlining the process of installing community batteries were shown to workers;[286]

• on 10 November 2023, a 'Toolbox Talk' on solar and battery installations was held in which:
• standard operational requirements of isolating a customer premises with a solar battery or installation was covered; and

• o links to instructional videos on shutdown procedure relating to various solar and battery systems were provided;[287]
• • in February 2024 a Low Voltage Network Battery Roadmap was circulated which was an outline of the plan for developing documentation in relation to the design, installation and commissioning of LV network batteries, in conjunction with relevant subject matter experts.[288]

• [245] Mr Messer also gave evidence that face to face battery workshops were held on 9 April 2024 and 16 April 2024 by Mr Messer and others in order to get a functional representation of business representatives to share experiences, concerns and feedback on the draft community battery documentation as it was at the time.[289] A copy of the workshop agenda was attached to Mr Messer's statement.[290] Mr Messer indicated that during the workshop attendees were broken up into four groups and worked through each document, made markups and comments and then passed the document to the next group.[291] The workshop agenda indicates the following documents were worked through across two days:[292]

EcoJoule (EcoStore) Low Voltage Pole Battery Manual

This manual documents the design, installation, operation, maintenance, commissioning and emergency response requirements for the low voltage EcoJoule (EcoSTORE) pole battery system

Rolls Royce (MTU) Low Voltage Ground Battery Manual

This manual documents the design, installation, operation, maintenance, commissioning and emergency response requirements for the low voltage Rolls Royce (MTU) ground battery system

This manual documents the design, installation, operation, maintenance, commissioning and emergency response requirements for the low voltage Xolta (BAT-79) ground battery system

Pixii (PowerShaper) Low Voltage Gorup Battery Manual

This manual documents the design, installation, operation, maintenance, commissioning and emergency response requirements for the low voltage Pixii (PowerShaper) ground battery system

SDI 120 Am 4 - Testing and commissioning for distribution system

This standard has been amended to include pre-commissioning inspections and tests for low voltage ground batteries, pole batteries and STATCOMs

This safe work method statement describes the work practises required for the installation and management of low voltage ground batteries

This safe work method statement describes the work practises required for the installation and management of low voltage pole batteries

Storage and Transportation of Low Voltage Network and Community Batteries Manual

This manual documents the requirements for storage and transport of a network and community batteries

This manual document the design, installation, operation, maintenance commissioning and emergency response requirements for the low voltage EcoJoule (EcoVAR) pole STATCOM system

This safe work method statement describes the work practises required for the installation and management of low voltage STATCOMs

[246] Mr Messer said at this stage there were also a number of documents specific to the community batteries initiative that had been distributed but were under review and feedback processes with relevant workers, including:

• Low Voltage BESS Units Design Guide;
• Safe Work Method Statement - Network and Community Batteries - Installation and Maintenance of Network and Community Batteries (Pole);
• Safe Work Method Statement - Network and Community Batteries - Installation and Maintenance of Network and Community Batteries (Padmount, Ground or Indoor);
• Amendments - SDI120 - Testing and Commissioning for Distribution Systems;
• EcoJoule (EcoStore) Low Voltage Pole Battery Manual;
• Xolta 'BAT-79' Low Voltage Ground Battery Manual;
• Pixii 'PowerShaper' Low Voltage Ground Battery Manual; and

• • Rolls Royce 'MTU' Low Voltage Ground Battery Manual.[293]

• [247] The Respondent also submitted that the assessment of competencies for the field workers to conduct the work has already been extensively considered and discussed with the Applicant.[294] While the Applicant and Respondent had a disagreement about the competencies required, this does not mean the Respondent was required to or failed to consult.

[248] As referred to above, I have decided to make limited orders and recommendations.

[249] In particular I order that commissioning and testing of community batteries only be carried out by workers other than licensed electricians if those workers:

1. hold UEE30820 Certificate III in Electrotechnology Electrician qualification or qualification deemed to be equivalent by the Australian Skills Quality Authority (ASQA); or
2. hold a UEE33020 Certificate III in Electrical Fitting qualification or qualification deemed to be equivalent by ASQA and have completed the unit of competency UEEEL0039 - Design, install and verify compliance and functionality of general electrical installations (capstone) or unit of competency deemed to be equivalent by ASQA.

[250] Further, I recommend that unlicensed workers commissioning and testing community batteries be required to have at least the first three occasions of those commissioning and testing activities supervised by a person who holds the UEE30820 Certificate III in Electrotechnology Electrician qualification (being the qualification generally required for a licence) or qualification deemed to be equivalent by ASQA, and who has 12 months relevant experience, whether this be:

• 12 months electrical wiring work experience as defined in the GE Act and using AS3000, being the experience generally required for a licence), or
• 12 months experience in the physical work of installing, repairing, altering, removing or adding to any fixed appliances, wires, fittings, meters, apparatus or other electrical equipment used for (or for purposes incidental to) the conveyance, measuring, control and use of electricity in a particular place.

[251] While the orders I have made are in more limited terms than those sought by the Applicant, I accept that the Applicant has a legitimate interest in the safety of the workers it represents and during these proceedings has identified certain hazards associated with the installation of community batteries. The Applicant has indicated that despite the materials that workers have access to and participation in the awareness sessions, employees have expressed some discomfort about the installation task. Noting the Respondent's consultation duty under work health and safety laws, it is recommended that the Respondent continue to consult with workers about the health and safety concerns raised by the Applicant during these proceedings and ways to eliminate or minimise identified risks the workers remain concerned about.

[3] Johnson Statement at [1] and [3].

[8] Applicant's Application, response to q. 2.1.

[10] Applicant's Submissions at [21].

[11] Johnson Statement at [24] - [25].

[13] Applicant's Submissions at [26].

[14] Respondent's Submissions at [12].

[16] Respondent's Submissions at [12].

[17] Respondent's Submissions at [14].

[18] Respondent's Submissions at [14].

[19] Respondent's Submissions at [17].

[20] Respondent's Submissions at [9].

[21] Respondent's Submissions at [10].

[22] Respondent's Submissions at [11].

[26] Respondent's Submissions at [7].

[28] Applicant's submissions at [7]; Johnson Statement at [5].

[46] Messer Statement at [13]; Thornton Statement at [12].

[53] Shanahan Statement, Attachment KS-1.

[59] Messer Statement, Attachment JM-2.

[66] Respondent's Submissions at [15].

[78] Thornton Statement, Attachment MT-1.

[79] Thornton Statement, Attachment MT-1.

[84] Applicant's Further Submissions; Koot Further Witness Statement, Annexure TK10; Respondent's Further Submissions at [1].

[85] Thortnon Further Statement at [11].

[86] Thornton Further Statement at [12].

[87] Australian Skills Quality Authority (ASQA)

[91] Thornton Further Statement at [17].

[109] Johnson Reply Statement at [11].

[110] Johnson Reply Statement at [11].

[112] Koot Further Statement at [12].

[113] Thornton Further Statement at [16].

[133] Respondent's submissions at [6].

[144] Thornton Further Statement at [14].

[145] Thornton Further Statement at [17].

[146] Koot Further Statement at [5] - [6].

[147] Koot Further Statement at [7].

[148] Thornton Further Statement at [13].

[149] Thornton Further Statement at [14].

[150] Thornton Further Statement at [14].

[151] Thornton Further Statement at [16].

[152] Thornton Further Statement at [16].

[153] Applicant's Submissions at [7].

[154] Thronton Further Statement at [5].

[156] Thornton Further Statement at [4].

[158] National Training Register - UET30821 Certificate III in ESI - Distribution Underground; National Training Register - UETDRIS008 Install and maintain electrical apparatus

[162] Thornton Statement at [10], Thornton Further Statement at [3].

[165] Thornton Statement at [11]; Thornton Further Statement at [4].

[171] Koot Reply Statement at [14], Annexure TK3.

[172] Koot Reply Statement at [15], Annexure TK4.

[173] Koot Reply Statement at [16], Annexure TK5.

[175] Thornton Further Statement at [15].

[176] Thornton Statement at [28] - [29].

[184] Johnson Statement at [13] - [14], Annexures PJ1, PJ1a, PJ1b, PJ1c, PJ1d, PJ1e, PJ1f, PJ1g, PJ1h, PJ1h, PJ1i, PJ2, PJ2a, PJ2b, PJ2c, PJ2c, PJ2d, PJ2e.

[185] Johnson Reply Statement at [7].

[186] Koort Further Statement, Annexure TK-11.

[187] Applicant's Submissions at [8].

[192] Johnson Statement at [12], Johnson Statement at [7].

[199] Johnson Reply Statement at [6].

[201] Thornton Statement at [13]; Thornton Further Statement at [6]/

[204] Koot Reply Statement at [30], Annexure TK6.

[205] Koot Reply Statement at [32], Annexure TK7.

[206] Koot Reply Statement at [24], Annexure TK8.

[207] Koot Reply Statement at [24], Annexure TK8.

[208] Respondent's Submissions at [3].

[209] Respondent's Submissions at [3].

[216] Johnson Reply Statement at [13].

[217] Messer Statement at [6], [36]; Shanahan Statement at [6].

[222] Respondent's Submissions at [4].

[228] Koot Reply Statement at [8], Annexure TK9, p.23.

[229] Koot Reply Statement at [37], Annexure TK9, p. 23.

[232] Applicant's Submissions at [22].

[236] Johnson Reply Statement at [9].

[239] Respondent's Submissions at [15].

[245] Thornton Further Statement at [17].

[246] Thornton Further Statement at [16].

[247] National Training Register - UEE33020 Certificate III in Electrical Fitting

[248] National Training Register - UEE33020 Certificate III in Electrical Fitting

[249] National Training Register - UEE33020 Certificate III in Electrical Fitting

[250] National Training Register - UEE33020 Certificate III in Electrical Fitting

[251] Koot Reply Statement at [16], Annexure TK5.

[252] National Training Register - UEEEL0039 Design, install and verify compliance and functionality of general electrical installations

[253] Thornton Further Statement at [15].

[254] Koot Reply Statement at [8], Annexure TK9.

[255] See Electrical work | NSW Government

[256] See Electrical work | NSW Government

[261] Messer Statement at [38]; Messer Statement, Annexure JM-4.

[262] Johnson Reply Statement at [7].

[264] Thornton Statement at [13]; Thornton Further Statement at [6]/

[265] Thornton Further Statement at [14].

[267] Applicant's Submissions at [5].

[268] Applicant's Submissions at [24].

[276] Applicant's Submissions at [9].

[277] Respondent's Submissions at [9].

[278] Respondent's Submissions at [10].

[280] Thornton Further Statement at [16].

[281] Respondent's Submissions at [14].

[290] Messer Statement, Attachment JM1.

[291] Messer Statement, Attachment JM1.

[292] Messer Statement, Attachment JM1.

[294] Respondent's Submissions at [16].

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