DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluewaters Power Services Pty Ltd
(AG2017/2160)

BLUEWATERS POWER SERVICES COLLECTIVE AGREEMENT 1 JULY 2015

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2017

Application for approval of the Bluewaters Power Services Collective Agreement 1 July 2015.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Construction, Forestry, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bluewaters Power Services Pty Ltd sought approval for the Bluewaters Power Services Collective Agreement effective from 1 July 2015. The matter was heard in the Fair Work Commission, where the respondent, a registered union, argued the agreement was not fair and reasonable. The central dispute revolved around the terms and conditions outlined in the agreement, particularly concerning employee entitlements and the processes for resolving workplace disputes.

The primary legal issues the Commission needed to address were whether the agreement complied with the requirements set out in the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. This involved examining if the agreement adequately balanced the rights and interests of both the employer and the employees and if it provided for a fair process for resolving disputes.

In reaching its decision, the Commission considered the overall fairness of the agreement, taking into account the evidence presented by both parties. It assessed whether the agreement met the statutory requirements for approval and if it was equitable in its treatment of the employees. Ultimately, the Commission found that the agreement was fair and reasonable and approved it, noting the measures taken to ensure a balanced approach to the rights and interests of both parties.

The final orders included the approval of the Bluewaters Power Services Collective Agreement, effective from 1 July 2015, subject to the conditions and terms as outlined in the decision. The Commission emphasised that the agreement would remain in force until it was superseded by a new agreement or until it was terminated in accordance with the Fair Work Act.

Bluewaters Power Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established