DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluewaters Power Services Pty Ltd
(AG2021/114)

BLUEWATERS POWER SERVICES COLLECTIVE AGREEMENT 1 JULY 2019

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 FEBRUARY 2021

Application for approval of the Bluewaters Power Services Collective Agreement 1 July 2019.

[1] Bluewaters Power Services Pty Ltd has made an application for the approval of an enterprise agreement known as the Bluewaters Power Services Collective Agreement 1 July 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, 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) (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[4] The Agreement was approved on 18 February 2021and, in accordance with s 54, will operate from 25 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bluewaters Power Services Pty Ltd applied to the Fair Work Commission for approval of a collective agreement. The Fair Work Commission, under the Fair Work Act 2009, was required to determine whether the agreement met the criteria for approval. The application for approval of the Bluewaters Power Services Collective Agreement, effective 1 July 2019, was before the Fair Work Commission. The applicant, Bluewaters Power Services Pty Ltd, sought the Commission's approval of the agreement to ensure compliance with the relevant legislative provisions.

The primary legal issue before the Commission was whether the proposed collective agreement satisfied the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement adhered to the provisions regarding the proper negotiation of the terms and conditions of employment, and whether it included all the necessary details as prescribed by the Act. Additionally, the Commission had to determine if the agreement was made in good faith and if it met the standards for procedural fairness.

The Fair Work Commission carefully reviewed the application and the contents of the proposed collective agreement. The Commission considered the evidence provided by the parties and the relevant statutory provisions. The Commission concluded that the agreement was appropriately negotiated, contained all the necessary details, and was made in good faith. The Commission found that the agreement met the statutory criteria for approval. Consequently, the Fair Work Commission approved the Bluewaters Power Services Collective Agreement, effective from 1 July 2019.

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