DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fluor Global Services Australia Pty Ltd
(AG2016/5683)

FLUOR GLOBAL SERVICES HAZELWOOD POWER STATION ELECTRICAL (ETU) AGREEMENT 2016

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Fluor Global Services Hazelwood Power Station Electrical (ETU) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fluor Global Services Hazelwood Power Station Electrical (ETU) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fluor Global Services Australia 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 November 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fluor Global Services Australia Pty Ltd applied for approval of the Fluor Global Services Hazelwood Power Station Electrical (ETU) Agreement 2016. The applicant sought to have the agreement approved as a modern award under the Fair Work Act 2009. The application was contested by the Electrical Trades Union of Australia and the Australian Manufacturing Workers Union.

The legal issues before the court were whether the agreement was a modern award, whether it was an appropriate agreement, and whether it was in the best interests of the employees. The court had to consider the terms of the agreement, whether it provided for fair and reasonable terms and conditions, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

The court found that the agreement was a modern award and that it was appropriate. It also found that the agreement was in the best interests of the employees. The court was satisfied that the agreement provided for fair and reasonable terms and conditions and that it was likely to promote harmonious, productive and cooperative workplace relations. The application was therefore approved.

The court made an order approving the Fluor Global Services Hazelwood Power Station Electrical (ETU) Agreement 2016 as a modern award under the Fair Work Act 2009. The order was made on 26 February 2018.

Fluor Global Services Australia 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