Global Power Services Pty Ltd

[2021] FWCA 6046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Power Services Pty Ltd
(AG2021/6560)

GLOBAL POWER SERVICES PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 29 SEPTEMBER 2021

Application for approval of the Global Power Services Pty Ltd Enterprise Agreement 2020-2024

[1] An application has been made for approval of an enterprise agreement known as the Global Power Services Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Global Power Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 29 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Global Power Services Pty Ltd Enterprise Agreement 2020-2024. The dispute arose between Global Power Services Pty Ltd and the Electrical Trades Union of Australia. The nature of the dispute was the validity and fairness of the proposed enterprise agreement, which sought to regulate various terms and conditions of employment for the employees of Global Power Services Pty Ltd.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was made in good faith and without coercion, as required by the Fair Work (Registered Organisations) Act 2009. The Commission had to consider if the agreement met the statutory requirements for registration, including the proper procedures for its negotiation and if it provided for the minimum entitlements specified by the Fair Work Act.

The Fair Work Commission found that the agreement was validly made and met all the statutory requirements for approval. The Commission was satisfied that the agreement was negotiated in good faith and without coercion, and that it provided for the minimum entitlements required by the Fair Work Act. The Commission noted that the agreement contained provisions that went beyond the statutory minimums, providing for additional benefits for employees. The Commission concluded that the agreement was fair and reasonable, and approved it for registration.

The Fair Work Commission approved the Global Power Services Pty Ltd Enterprise Agreement 2020-2024, effective from the date of the Commission's decision. The Commission directed that the agreement be registered with the Fair Work Commission and that it be given effect as a registered agreement under the Fair Work Act. The decision provides certainty for both the employer and employees, and sets out the terms and conditions of employment for the period of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established